IN THE CASE OF:
BOARD DATE: 15 October 2008
DOCKET NUMBER: AR20080006770
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 that his Purple Heart be added to his separation document (DD Form 214).
2. The applicant states, in effect, that he received the medal and signed a paper, but he never noticed that his Purple Heart was not on his DD Form 214. The applicant adds that when he signed up for benefits at the Department of Veterans Affairs (VA) hospital, they told him that he had no Purple Heart and without it he could not be placed in treatment category 3.
3. The applicant provides a copy of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge, dated 1 May 1969 and 1 February 1971, in support of his application.
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 applicants military records show that he enlisted in the Regular Army on 21 June 1968, completed Officer Candidate School, and was honorably discharged on 1 May 1969 in order to accept a commission as an officer in the Army.
3. The applicant was awarded the area of concentration of field artillery operations and intelligence assistant, served in Vietnam from 11 October 1969 to 21 October 1970, and was promoted to 1st lieutenant.
4. He was honorably released from active duty on 1 February 1971.
5. The applicants military records are remarkably complete. However, there is no evidence in the applicants records that show he was wounded or was awarded the Purple Heart.
6. The applicant's name is not shown on the Vietnam Casualty Roster.
7. There are no general orders in the applicant's records that show he was awarded the Purple Heart.
8. During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human
Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973. This review failed to reveal any Purple Heart orders on file for the applicant.
9. Army Regulation 600-8-22 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. The applicant requests the Purple Heart but did not provide any evidence that he was awarded the Purple Heart or that he was wounded as a result of hostile action.
2. Without documentation to show that he was awarded the Purple Heart or that he was wounded as a result of hostile action, the regulatory criteria for award of the Purple Heart, there is insufficient evidence in which to grant his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X_____ ___X____ ___X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
__________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) AR20080006770
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080006770
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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