IN THE CASE OF:
BOARD DATE: 14 August 2008
DOCKET NUMBER: AR20080007308
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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Purple Heart.
2. The applicant states that he wants the Purple Heart added to his
DD Form 214.
3. The applicant provides a copy of his DD Form 214 and a certificate for award of the Purple Heart.
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's military records are not available to the Board for review. However, the DD Form 214 provided by the applicant is sufficient for the Board to conduct a fair and impartial review of this case.
3. The applicants DD Form 214 shows:
a. that he was inducted into the Army of the United States on 15 June 1966 for 2 years;
b. that he completed his initial training and was awarded military occupational specialty 05B (Radio Operator);
c. that he served in the Republic of Vietnam for a period of 11 months and
27 days;
d. that he was released from active duty on 14 June 1968 and transferred to the United States Army Reserve Control Group (Annual Training); and
e. that he attained the rank of specialist four, pay grade E-4 and completed
2 years of creditable active service.
4. 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, Vietnam Service Medal with one bronze service star, and the [Republic of] Vietnam Campaign Medal [with Device (1960)]. It does not show award of the Purple Heart.
5. The applicant provided a certificate showing that he was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 12 March 1967.
6. The Awards and Decorations Computer Assisted Retrieval System (ADCARS) does not contain any orders awarding the applicant the Purple Heart.
7. The applicants name is not listed on the Vietnam Casualty Roster.
8. 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.
DISCUSSION AND CONCLUSIONS:
1. There are no available general orders showing that the applicant was awarded the Purple Heart. The applicant's name is not listed on the Vietnam Casualty Roster. The certificate provided by the applicant is not sufficient evidence by itself upon which to base a correction of his records. Should he have or be able to obtain a copy of the orders awarding him the Purple Heart, or be able to provide other evidence to corroborate his award certificate, he may submit another application for consideration.
2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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.
_______________________
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
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080007308
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090018359
There are no orders in the applicant's military service records awarding him the Purple Heart for wounds received on 24 August 1967. Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. publishing an order awarding him the Purple Heart...
ARMY | BCMR | CY2008 | 20080014133
Headquarters, U.S. Military Assistance Command, Vietnam, General Orders Number 2097, dated 25 April 1969, show the applicant was awarded the Purple Heart for wounds received in action in connection with military operations against a hostile force in the Republic of Vietnam on 31 March 1969. 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...
ARMY | BCMR | CY2008 | 20080006076
The applicant requests, in effect, correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214), effective 31 December 1972, to show award of the Purple Heart. However, should the applicant be able to obtain substantiating evidence such as orders, casualty messages, or morning report entries showing that he was wounded and awarded the Purple Heart he may submit another application for consideration. __________ _ X _______ ___ CHAIRPERSON I certify that...
ARMY | BCMR | CY2011 | 20110004474
The applicant provides: * DD Form 214 * DD Form 215 (Correction to DD Form 214) * General Orders (GO) Number 1933, (Purple Heart) * GO Number 2685 (Purple Heart) * GO Number 2849 (Purple Heart) * GO Number 387, amendment to GO Number 2849 (Purple Heart with 1st OLC) CONSIDERATION OF EVIDENCE: 1. He provides four GO as follows: * GO Number 1933, issued by Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, dated 26 November 1969, awarded him the Purple Heart for wounds...
ARMY | BCMR | CY2009 | 20090009518
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service. Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 26 October 1965 to 28 September 1968 ending with termination of a period of Federal military service. As a result, the...
ARMY | BCMR | CY2015 | 20150003469
The applicant provides: * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 17 December 1968 * DD Form 214 (Report of Separation from Active Duty) for the period ending 29 November 1973 * DD Form 215 (Correction to DD Form 214 (Certificate of Release or Discharge from Active Duty)) for the period ending 29 November 1973 * Letter Orders (LO) Number D 11-160, dated 14 November 1973, issued by U.S. Army Military Personnel Center * Standard...
ARMY | BCMR | CY2008 | 20080006197
The applicant's records show that he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the awards of the Purple Heart for wounds sustained in the Republic of Vietnam on 30 April 1968, the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, and one silver service star to be...
ARMY | BCMR | CY2010 | 20100019110
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 for wounds sustained in the Republic of Vietnam. Notwithstanding the witness statement, there is no evidence of record or corroborating medical documentation to support award of the Purple Heart in this case. ____________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the...
ARMY | BCMR | CY2010 | 20100020155
The applicant requests award of the Purple Heart and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award. The applicant provides: * personal statement * Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim) * General Orders Number 7418, dated 25 June 1969 * Bronze Star Medal Certificate * Air Medal Citation * Honorable Discharge Certificate * DD Form 214 * newspaper article titled, "Sergeant W____...
ARMY | BCMR | CY2010 | 20100011850
Item 24 does not show award of the Purple Heart. There is no evidence the applicant is entitled to the Purple Heart: * no orders * his name is not shown on the Vietnam casualty roster * no wound is indicated in item 40 of his DA Form 20 3. __________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.