BOARD DATE: 23 September 2014 DOCKET NUMBER: AR20140002760 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his military records to show award of the Purple Heart for injuries received in the Republic of Vietnam (RVN). 2. The applicant states he was told he would not receive the Purple Heart because his wound was caused by friendly fire. 3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. On 30 November 1967, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. On 20 April 1968, the applicant departed his training unit for duty in the RVN. a. On 31 May 1968, he was assigned for duty as an infantryman with Company A, 4th Battalion, 3rd Infantry Regiment, 11th Infantry Brigade. b. On 25 August 1968, he was reassigned within his company for duty as a grenadier. c. In May 1969, he departed the RVN for duty in the United States. 4. On 28 November 1969, the applicant was released from active duty. He had attained the rank of specialist four, pay grade E-4 and had completed 1 year, 11 months and 29 days of creditable active duty. 5. The applicant's DD Form 214 lists his awards as: * National Defense Service Medal * Vietnam Service Medal * Marksman Marksmanship Qualification Badge with Rifle (M-14, M-16) Bar and Machinegun Bar * Combat Infantryman Badge * RVN Vietnam Campaign Medal with Device (1960) * Army Commendation Medal with “V” Device 6. The applicant’s name is not listed on the Vietnam Casualty Roster. 7. Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) is blank. 8. The applicant's service medical records are not available for review. 9. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Purple Heart. ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command. 10. Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record. DISCUSSION AND CONCLUSIONS: 1. The applicant's name is not listed on the Vietnam Casualty Roster. Item 40 of his DA Form 20 does not show a record of any wounds received in action. 2. The applicant has not provided any documentary evidence showing when or under what circumstances he was wounded. 3. In view of the above, the applicant's request should be denied. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ _x_______ __x___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. __________x_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20140002760 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140002760 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1