IN THE CASE OF:
BOARD DATE: 21 August 2008
DOCKET NUMBER: AR20080009384
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 was awarded the Purple Heart while hospitalized in the Saigon 3rd Field Surgical Hospital in the Republic of Vietnam.
3. The applicant provides no supporting 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 19 April 1967, the applicant was inducted into the Army of the United States for 2 years. He completed his initial training and was awarded military occupational specialty (MOS) 67N (Single Rotor Turbine Helicopter Mechanic).
3. On 8 November 1967, the applicant was assigned for duty as a helicopter mechanic with the 80th Transportation Detachment in the Republic of Vietnam. In March of 1968 he was reassigned to the 121st Aviation Company.
4. On 17 October 1968, the applicant was promoted to specialist five, pay grade E-5.
5. On or about 20 November 1968, the applicant returned to the United States and was subsequently released from active duty on 21 November 1968. He had completed 1 year, 7 months, and 3 days of creditable active duty.
6. 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, Air Medal, Vietnam Service Medal, and the Vietnam Campaign Medal. It does not show award of the Purple Heart.
7. 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.
8. The applicants name is not listed on the Vietnam Casualty Roster.
9. Item 40 (Wounds) of the applicants Enlisted Qualification Record (DA Form 20) is blank.
10. 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 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 while serving in the Republic of Vietnam. Therefore, the applicant's request for award of the Purple Heart should be denied.
2. However, should the applicant have any substantiating evidence showing that he was awarded the Purple Heart he may submit a request for reconsideration. Such evidence may include a copy of the award orders, casualty message to his parents, hospital records showing that he was wounded in action, or any other substantial documentation.
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) AR20080009384
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