RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 April 2008
DOCKET NUMBER: AR20070017079
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Ms. Catherine C. Mitrano
Director
Mr. Michael J. Fowler
Analyst
The following members, a quorum, were present:
Mr. Lester Echols
Chairperson
Mr. Joe R. Schroeder
Member
Mr. Larry W. Racster
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, 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) with the period ending 13 January 1967 to show award of the Purple Heart. He also requests correction of his records to show service in Vietnam in addition to Vietnam service awards.
2. The applicant states, in effect, that he was assigned in Korea from June
1964 to June 1965. The applicant further states that he volunteered to go Vietnam to set up HAWK Missile Sites and that he served in Vietnam for seven months on a classified operation and his records of action have been removed from his records.
3. The applicant provides no additional documentation in support of this case.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 16 January 1964 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 16C (Hercules Missile Fire Control Crewman).
3. The applicant arrived in Korea and was assigned to E Battery, 4th Battalion, 44th Artillery on or about 2 June 1964. He departed Korea on or about June 1965. There are no orders in the applicant's that show he was assigned/attached to a unit in Vietnam.
4. On 13 January 1967, the applicant was honorably released from active duty and transferred to the United States Army Reserve Control Group after completing 2 years, 11 months, and 28 days of creditable active service.
5. A DD Form 214 with period ending 13 January 1967 shows he was awarded the National Defense Service Medal, the Army Good Conduct Medal, the Expert Marksmanship Qualification Badge (Rifle), and the [Basic Missileman Bage].
6. There are no general orders in the applicants service personnel records that show he was awarded the Purple Heart. There also is no evidence in his service personnel records that show that he was wounded or treated for wounds as a result of hostile action in Vietnam. 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) does not show the applicant was wounded and item 41 (Awards and Decorations) does not show award of the Purple Heart.
8. The applicant's Army Medical Treatment Records are unavailable.
9. 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, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. There are no orders in the applicant's service personnel records that show he was awarded the Purple Heart. There is no evidence in the available records and the applicant has not provided evidence that shows his injury was a result of hostile action.
2. Regrettably, lacking any corroborating evidence of record showing the applicant was treated for a wound/injury that was the direct result of or caused by enemy action, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.
3. The applicant contends that his records should be corrected to show he served in Vietnam. However, evidence of record shows he served in Korea from June 1964 to June 1965. There is no evidence in the available records and the applicant has not provided evidence that shows he served in Vietnam. His contention that he was on a classified mission is acknowledged; however, without evidence there is no basis for granting this request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__LE __ ___JRS__ ___LWR_ 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.
___Lester Echols_ _
CHAIRPERSON
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