IN THE CASE OF:
BOARD DATE: 6 November 2008
DOCKET NUMBER: AR20080012775
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, as the daughter of a deceased former service member (FSM), requests that her late father be awarded two awards of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster).
2. The applicant states that her father was wounded twice in Vietnam and he never received any award of the Purple Heart.
3. The applicant provides a copy of the FSM's DD Form 214 (Report of Separation from Active Duty) for the period ending 11 July 1974; a DD Form 214 (Report of Transfer or Discharge) for the period ending 15 May 1958; a marriage license; a death certificate; and a birth certificate.
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. Having prior service, the FSM enlisted in the Regular Army on 30 December 1970 for a period of 3 years. He served in Vietnam from 18 September 1971 to 21 April 1972 and was released from active duty on 11 July 1974.
3. The FSMs DD Form 214 for the period ending 11 July 1974 does not show the Purple Heart as an authorized award.
4. There is no evidence in the available records which show that the FSM was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.
5. The FSM's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank. The FSM's name does not appear on the Vietnam Casualty Roster.
6. The FSM died on 1 March 2000.
7. 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. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.
DISCUSSION AND CONCLUSIONS:
There is no evidence of record which shows that the FSM was wounded as a result of hostile action in Vietnam. Regrettably, there is insufficient evidence on which to base any award of the Purple Heart in this case.
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.
_______ _XXX _______ ___
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) AR20080012775
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ABCMR Record of Proceedings (cont) AR20080012775
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