IN THE CASE OF:
BOARD DATE: 13 January 2009
DOCKET NUMBER: AR20080016162
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 that his records be corrected to show award of the Purple Heart.
2. The applicant states in 1986 he was told that he qualified for award of the Purple Heart and the Marksman Marksmanship Qualification Badge with Rifle Bar. An engraved Purple Heart medal was mailed to him. In 2008 when applying for Department of Veterans Affairs (VA) benefits he was advised that his records had not been updated to include the Purple Heart.
3. The applicant provides copies of a photograph of the Purple Heart medal and his DD Form 214 (Report of Transfer or Discharge).
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 service medical records are believed to be on indefinite loan to the VA and as such are not available for review by the Board.
3. The applicant served honorably on active duty from 24 November 1967 through 29 August 1970.
4. He served in Vietnam with the 245th Surveillance Airplane Company, from 27 January 1969 through 20 March 1970, and the 131st Surveillance Airplane Company of the 212th Combat Aviation Brigade, from 21 March 1970 through 27 August 1970.
5. The applicant's DD Form 214 lists his awards as the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
6. The applicant's DA Form 20 (Enlisted Qualification Record) lists his awards as the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). Block 40 (Wounds) is blank.
7. In 1986 the applicant was issued a DA Form 1577 that listed his authorized awards as the Purple Heart, the National Defense Service Medal, the Vietnam Service Medal with one bronze and one silver service star, the Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). The packet related to this action contains no supporting documentation for these awards.
8. A review of the Vietnam Casualty List failed to locate the applicant's name.
9. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart.
10. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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. The DA Form 1577 is not a source document and cannot be used as the sole reason to correct the applicant's records to show additional awards, including the Purple Heart.
2. Without an official record of medical treatment for a wound sustained while in action against an enemy or as a result of hostile action medical personnel; it is not appropriate to correct his records to show award of the Purple Heart.
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) AR20080016162
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