APPLICANT REQUESTS: That his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of the Purple Heart.
PURPOSE: To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.
EVIDENCE OF RECORD: The applicant's military records show:
He was born on 25 January 1945. He completed 10 years of formal education. On 23 August 1966, the applicant enlisted in the Regular Army for 4 years. His Armed Forces Qualification Test score was 21 (Category IV). He completed the required training and was awarded military occupational specialty 76Y10 (Unit Supply Specialist). The highest grade completed was pay grade E-4.
The applicants military record indicates that he served honorably in Korea and Vietnam for a total of 33 months and the applicant received numerous awards for his honorable service. However, there is no evidence in the applicants Official Military Personnel File which indicates he was treated by a medical doctor for a wound sustained as a result of hostile action.
On 10 September 1970, the applicant was honorably discharged from active duty, in pay grade E-4, under the provisions of Army Regulation 635-200, chapter 5 (early separation of overseas returnees). His DD Form 214, indicates that he had 3 years, 11 months and 18 days of creditable active service. He was authorized the Army Commendation Medal, the Good Conduct Medal, the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Vietnam Service Medal and the Vietnam Campaign Medal.
There is no evidence in the applicants Official Military Personnel File which indicates that he was entitled to the Purple Heart, nor has he submitted any evidence in support of his allegation.
Army Regulation 600-8-22 provides, in pertinent part, 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 a medical officer, and the medical treatment must have been made a matter of official record.
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. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.
DISCUSSION: The alleged error or injustice was, or with reasonable diligence should have been discovered on
10 September 1970, the date the applicant was discharged. The time for the applicant to file a request for correction of any error or injustice expired on 10 September 1973.
The application is dated 2 January 1996, and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.
DETERMINATION: The subject application was not submitted within the time required. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.
BOARD VOTE:
EXCUSE FAILURE TO TIMELY FILE
GRANT FORMAL HEARING
CONCUR WITH DETERMINATION
Karl F. Schneider
Acting Director
ARMY | BCMR | CY2004 | 20040011270C070208
Jeanette R. McCants | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Purple Heart. The applicant's records show that he was awarded the Vietnam Service Medal.
ARMY | BCMR | CY2007 | 20070016842
Therefore, the applicant is entitled to award of the Purple Heart and correction of his records to show award of the Purple Heart for wounds sustained as the result of hostile act on 1 April 1970 while he was serving in the Republic of Vietnam. Therefore, the applicant is entitled to have his records corrected to show this unit award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show award of the Purple Heart for...
ARMY | BCMR | CY2005 | 20050008297C070206
The applicant's records show that he was awarded the Vietnam Service Medal. Although the applicant's name is not shown on the Vietnam Casualty Roster, the preponderance of evidence shows that on 18 January 1970, while serving on active duty in Vietnam, the applicant sustained wounds as a result of hostile action and was treated for those wounds. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant was...
ARMY | BCMR | CY2004 | 20040001910C070208
Susan Powers | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The Government of Vietnam awarded this medal to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds sustained on...
ARMY | BCMR | CY2004 | 20040007034C070208
The August 2002 statement from the United States Armed Service Center for Unit Records and Research indicated that they were able to verify that the applicant was wounded in combat and provided the applicant the copy of the Vietnam Casualty Report he submitted with his application to this Board. The statement indicated that the casualty report "confirms that you sustained a wound resulting from a mine explosion during your Vietnam tour of duty." The evidence confirms that the applicant was...
ARMY | BCMR | CY2004 | 2004103788C070208
The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 30 November 1970; Headquarters, United States Army Vietnam General Orders Number 1371, dated 23 May 1970; and a award certificate for the Army Commendation Medal (ARCOM) dated, 26 May 1970. There are no General Orders in the applicant’s service personnel records that show he was awarded the Purple Heart. There are no orders in the applicant’s service personnel...
ARMY | BCMR | CY2008 | 20080000812
The applicant requests correction of his record to show he was awarded two Purple Hearts [Correctly known as the Purple Heart with First Oak Leaf Cluster]. Block 41 (Awards and Decorations) does not show award of the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was awarded the Purple Heart for wounds received in connection with military operations against a hostile force while serving in the...
ARMY | BCMR | CY2007 | 20070003139
Therefore, there is sufficient evidence to show that he is entitled to award of the Purple Heart and correction of his records to show this award. The applicant's record shows that the applicant participated in one campaign during his service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant was awarded the Purple Heart for a wound sustained in the Republic of Vietnam on 9 November 1970;...
ARMY | BCMR | CY2008 | 20080011101
This regulation also provides that there are no time limitations for requests for award of the Purple Heart. While the available evidence clearly shows that he was eligible for award of the Purple Heart there is no indication what foundation existed for the Purple Heart to appear on the DA Form 1577 as an authorized award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds...
ARMY | BCMR | CY2009 | 20090009558
The applicant states that he was wounded and awarded the Purple Heart in Vietnam and it is not reflected on his DD Form 214. There are no orders in the applicant's military personnel records awarding him the Purple Heart. There is no evidence, and the applicant has provided none, to show he was wounded as a result of hostile action.