IN THE CASE OF:	  

		BOARD DATE:	  27 July 2010

		DOCKET NUMBER:  AR20100000513 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add his Purple Heart.

2.  The applicant states while supporting the 101st Airborne Division in Vietnam, he was wounded.  He was recommended for the Purple Heart and received it several days later.

3.  The applicant does not provide any additional documents.

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 show that he enlisted in the Regular Army on 1 March 1967 and was honorably discharged on 11 March 1968 in order to accept a warrant officer appointment.

3.  On 12 March 1968, the applicant was appointed as a warrant officer.  He served in Vietnam from 3 April 1968 to 2 April 1969 and he was promoted to the rank/grade of chief warrant officer two (CW2)/W-2.

4.  His Officer Efficiency Reports (OER) show he flew helicopters in combat, but do not mention him being wounded.  There are no records in the applicant's military records which indicate he was wounded in action.

5.  On 7 November 1969, the applicant was honorably released from active duty.

6.  The Vietnam Casualty List does not contain the applicant's name.

7.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for wounds 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 is no evidence of record and the applicant did not provide any evidence that shows he was awarded the Purple Heart, that he was wounded as a result of hostile action, or that he received medical treatment for a wound.

2.  The applicant's name is not contained on the Vietnam Casualty List.

3.  As such, there is no basis for adding the Purple Heart to his DD Form 214.

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)                                         AR20100000513



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ABCMR Record of Proceedings (cont)                                         AR20100000513



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