IN THE CASE OF: BOARD DATE: 14 August 2008 DOCKET NUMBER: AR20080007308 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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Purple Heart. 2. The applicant states that he wants the Purple Heart added to his DD Form 214. 3. The applicant provides a copy of his DD Form 214 and a certificate for award of the Purple Heart. 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. The applicant's military records are not available to the Board for review. However, the DD Form 214 provided by the applicant is sufficient for the Board to conduct a fair and impartial review of this case. 3. The applicant’s DD Form 214 shows: a. that he was inducted into the Army of the United States on 15 June 1966 for 2 years; b. that he completed his initial training and was awarded military occupational specialty 05B (Radio Operator); c. that he served in the Republic of Vietnam for a period of 11 months and 27 days; d. that he was released from active duty on 14 June 1968 and transferred to the United States Army Reserve Control Group (Annual Training); and e. that he attained the rank of specialist four, pay grade E-4 and completed 2 years of creditable active service. 4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Vietnam Service Medal with one bronze service star, and the [Republic of] Vietnam Campaign Medal [with Device (1960)]. It does not show award of the Purple Heart. 5. The applicant provided a certificate showing that he was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 12 March 1967. 6. The Awards and Decorations Computer Assisted Retrieval System (ADCARS) does not contain any orders awarding the applicant the Purple Heart. 7. The applicant’s name is not listed on the Vietnam Casualty Roster. 8. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. DISCUSSION AND CONCLUSIONS: 1. There are no available general orders showing that the applicant was awarded the Purple Heart. The applicant's name is not listed on the Vietnam Casualty Roster. The certificate provided by the applicant is not sufficient evidence by itself upon which to base a correction of his records. Should he have or be able to obtain a copy of the orders awarding him the Purple Heart, or be able to provide other evidence to corroborate his award certificate, he may submit another application for consideration. 2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement. 3. In view of the foregoing, there is no basis for granting the applicant's request. 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. _______________________ 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) AR20070016793 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080007308 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1