IN THE CASE OF:
BOARD DATE: 16 September 2008
DOCKET NUMBER: AR20080004674
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, in effect, correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of three Purple Hearts for wounds received during his service in the Republic of Vietnam.
2. The applicant states, in effect, that his records are in error because his injuries were not documented.
3. The applicant provides no additional documentation.
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. On 9 October 1968, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty (MOS) 67N (Utility Helicopter Repairman).
3. On 18 April 1969, the applicant was assigned for duty as a utility helicopter repairman with the 120th Aviation Company, in the Republic of Vietnam.
4. On 26 February 1970, the applicant was reassigned for duty with the 3rd Squadron, 17th Air Cavalry Regiment.
5. On 1 November 1970, the applicant returned to the United States for duty at Fort Rucker, Alabama.
6. On 31 January 1971, the applicant was discharged for the purpose of immediate reenlistment. He had attained the rank of specialist five, pay grade
E-5, and had completed 2 years, 3 months, and 23 days of creditable active duty service.
7. 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, Distinguished Flying Cross, Air Medal (19 awards), Army Commendation Medal with Oak Leaf Cluster, Vietnam Service Medal, Aircraft Crewman Badge, and the Republic of Vietnam Campaign Medal with Device (1960). It does not show award of any Purple Hearts.
8. Item 40 (Wounds) of the applicants Enlisted Qualification Record (DA Form 20) is blank. Item 41 (Awards and Decorations) of this same form does not show award of any Purple Hearts.
9. There is no available evidence in the applicants records or on the Awards and Decorations Computer Assisted Retrieval System (ADCARS) showing that he was awarded a Purple Heart.
10. The applicants name is not listed on the Vietnam Casualty Roster.
11. 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. An oak leaf cluster is issued to denote award of second and succeeding awards of the Purple Heart.
12. On 1 February 1971, the applicant reenlisted in the Regular Army for
4 years. He was reassigned to the 46th Engineer Battalion at Fort Rucker, Alabama.
13. On 21 August 1972, the applicant was reassigned with his unit to Fort Knox, Kentucky.
14. On 5 August 1973, the applicant was assigned to Fort Rucker to attend training as an OH-58 Helicopter repairman. He returned to Fort Knox on or about 21 September 1973.
15. On 5 February 1975, the applicant was discharged due to completion of required service. He had completed 6 years, 3 months, and 22 days of creditable active duty.
16. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, effective 5 February 1975, lists his awards as the National Defense Service Medal, Distinguished Flying Cross, Air Medal (19 awards, 2 with V Device), Army Commendation Medal with Oak Leaf Cluster, Good Conduct Medal, Vietnam Service Medal (5CC [1 silver service star]), Aircraft Crewman Badge, Expert Marksmanship Qualification Badge with Rifle Bar, and the Republic of Vietnam Campaign Medal with Device (1960). It does not show award of any Purple Hearts.
DISCUSSION AND CONCLUSIONS:
There are no general orders that show the applicant was awarded the Purple Heart. The applicant's name is not listed on the Vietnam Casualty Roster. The applicant has not provided any evidence showing that he was wounded in action. Therefore, the applicant's request for award of the Purple Heart 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) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080004674
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