IN THE CASE OF:
BOARD DATE: 19 August 2008
DOCKET NUMBER: AR20080006790
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 show award of the Purple Heart and in effect, that the combat tracker course be added to his DD Form 214.
2. The applicant states that he received wounds from a mortar attack during his tour in Vietnam. He states that he had combat tracker certification that is not on his DD Form 214.
3. The applicant provides no additional documents 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 applicant was inducted into the Army of the United States on 30 June 1969. At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty 11B (light weapons infantryman). He was reassigned to the U.S. Army Military Police School at Fort Gordon, Georgia in November 1969.
3. His service personnel records contain a diploma from the U.S. Army Military Police School which shows he successfully completed the Visual Tracker Course, Class Number Three from 10 November 1969 to 17 December 1969.
4. Item 38 (Record of Assignments) on his DA Form 20 shows he was placed on assignment to Vietnam on 17 December 1969. On 8 January 1970, he was in an absent without leave (AWOL) status at the U.S. Army Overseas Replacement Station at Fort Dix, New Jersey. He was returned to military control on 15 June 1971.
5. There are no orders in the applicant's personnel records which show he was awarded the Purple Heart. His DA Form 20 (Enlisted Qualification Record) does not list any wounds as a result of hostile action in item 40 (Wounds). His name is not included on the Vietnam Casualty Roster.
6. There are no medical records in the applicants military personnel file to show he sustained wounds as a result of hostile action or to show he was treated for wounds as a result of hostile action.
7. The applicant was discharged on 20 February 1972. His DD Form 214 shows the National Defense Service Medal and the Armed Forces Expeditionary Medal (Korea) as authorized awards.
8. Item 27 (Remarks) on his DD Form 214 shows the entry VN SERVICE: NONE.
9. Army Regulation 600-8-22 (Military Awards) 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.
10. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The version in effect at the time did not provide an entry for completion of training courses on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. There are no orders which authorize award of the Purple Heart to the applicant. His name is not listed on the Vietnam Casualty Roster. There is no evidence of record which shows he served in Vietnam.
2. By regulation, in order to award the Purple Heart it is necessary to establish that a Soldier was wounded in action, that the wound required treatment by medical personnel, and the treatment must have been made a matter of official record.
3. There are no military medical documents available to the Board which verifies he was wounded or injured as a result of hostile action or treated by medical personnel. Therefore, there is insufficient evidence on which to base award of the Purple Heart in this case.
4. The applicants diploma from the U.S. Army Military Police School shows he completed the Visual Tracker Course in December 1969. However, there is no evidence of record which indicates he completed a combat tracker course and there were no regulatory provisions to record training courses on the DD Form 214 at that time. Therefore, there is no basis for correcting his DD Form 214 to show a combat tracker course.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xx____ ___xx___ ___xx___ 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.
_______ xxxx_______ ___
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.
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