IN THE CASE OF:
BOARD DATE: 28 August 2008
DOCKET NUMBER: AR20080011444
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) for the period ending 20 December 1968 to show award of the Purple Heart.
2. The applicant states, in effect, that the above award was not recorded on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and a Purple Heart certificate, dated 18 March 1968.
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 21 December 1966 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 13A (Field Artillery Basic).
3. The applicant arrived in Vietnam and was assigned to B Battery, 4th Battalion, 42nd Artillery, 4th Infantry Division, on or about 14 May 1967.
4. The applicant provided a Purple Heart certificate, dated 18 March 1968, that shows he was awarded the Purple Heart for wounds received in action on 21 February 1968.
5. The applicant departed Vietnam on or about 13 May 1968. He was honorably released from active duty on 20 December 1968 after completing 2 years of creditable active service.
6. His DD Form 214 for the ending period 20 December 1968 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal with Device (1960), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and two overseas service bars.
7. There are no general orders in the applicants service personnel records that show he was awarded the Purple Heart. There also is no evidence that shows he was treated for wounds as a result of hostile action in Vietnam. The applicant's name is not listed on the Vietnam Casualty Roster.
8. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show the applicant was wounded and item 41 (Awards and Decorations) does not show award of the Purple Heart.
9. The applicant's Army Medical Treatment Records are unavailable.
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, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
There are no orders in the applicant's service personnel records that show he was awarded the Purple Heart. His name is not listed on the Vietnam Casualty Roster nor is there any medical documentation that shows he was treated for wounds as the result of hostile action. Unfortunately, the Purple Heart certificate provided by the applicant alone is insufficient evidence to show he is authorized the award. Regrettably, in view of the foregoing, there is insufficient evidence that would warrant granting the applicant's request.
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) AR20080011444
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