IN THE CASE OF:
BOARD DATE: 9 September 2008
DOCKET NUMBER: AR20080010850
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 DD Form 214 (Report of Separation from Active Duty) to show award of the Purple Heart and his foreign service in Vietnam.
2. The applicant states, in effect, that there are no Vietnam records, Purple Heart records, or foreign service records. He would like to bring his DD Form 214 up to date.
3. The applicant provides pages 1, 2, 132, and 134 of a Department of Veterans Affairs (DVA) Progress Note and a copy of his DD Form 214.
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 enlisted in the Regular Army on 9 May 1974 for a period of 3 years. He trained as an engineer equipment repairman and was discharged on 16 September 1975 with a general discharge, under honorable conditions, under the provision of Army Regulation 635-40, paragraph 5-8e(3), by reason of physical disability.
3. The applicants DD Form 214 does not show the Purple Heart as an authorized award. His DD Form 214 does not show any foreign or sea service.
4. There is no evidence of record which shows the applicant served in Vietnam.
5. Item 31 (Foreign Service) on the applicants DA Form 20 (Enlisted Qualification Record) is blank. Item 5 (Oversea Service) on the applicants DA Form 2-1 (Personnel Qualification Record) is blank.
6. There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.
7. The applicant's DA Form 20 does not show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank. The applicant's name does not appear on the Vietnam Casualty Roster.
8. The applicants Medical Board, dated 24 January 1975, states, in pertinent part, that He entered upon active duty on 9 May 1974 and underwent basic training at Fort Knox, Kentucky for eight weeks. He was then transferred to Fort Riley, Kansas on 21 July 1974 where he has been on active duty since that time.
9. In support of his claim, the applicant provided excerpts from a DVA Progress Notes, printed on 12 May 2008, which states, in pertinent part, that he served in Vietnam from July 1974 to January 1975.
10. 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 military medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence of record which shows the applicant served any foreign service. Therefore, there is insufficient evidence on which to amend his DD Form 214 to show any foreign service.
2. There is no evidence of record which shows that the applicant was wounded as a result of hostile action in Vietnam. Therefore, there is insufficient evidence on which to base award of the Purple Heart in this case.
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.
ABCMR Record of Proceedings (cont) AR20080010850
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ABCMR Record of Proceedings (cont) AR20080010850
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