IN THE CASE OF:
BOARD DATE: 23 DECEMBER 2008
DOCKET NUMBER: AR20080016183
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 that he was awarded the Purple Heart.
2. The applicant states the Purple Heart was erroneously omitted from his DD Form 214.
3. The applicant provides no additional documentation in support of his application.
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 was inducted into the Army of the United States in Cleveland, Ohio on 7 July 1966. He successfully completed his training as a light weapons infantryman. He was transferred to Vietnam on 19 December 1966.
3. A review of the applicant's records does not show that he was wounded as a result of hostile action while he was in Vietnam.
4. The applicant returned to the continental United States on 21 December 1967 and he was assigned to Company A, 1st Battalion, 10th Infantry. He was honorably released from active duty (REFRAD) on 11 July 1968 at the expiration of his term of service and transferred to the United States Army Reserve (USAR) Control Group (Annual Training) to complete his remaining military service obligation.
5. The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service with bronze service star, the Vietnam Campaign Medal, and the Combat Infantryman Badge.
6. There is no entry in Item 40 (Awards and Decorations) of the applicant's Enlisted Qualification Record (DA Form 20) that shows he was awarded the Purple Heart. There are also no orders in his military personnel records awarding him the Purple Heart.
7. 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 awarding the applicant the Purple Heart.
8. A review of the Vietnam Casualty Listing does not list the applicant as being wounded in action during his tenure in Vietnam.
9. 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.
DISCUSSION AND CONCLUSIONS:
1. A review of the available evidence does not show that the applicant was wounded as a result of hostile action while serving in Vietnam.
2. His contentions have been noted; however, they are not substantiated by the evidence of record. There are no orders contained in his official military records awarding him the Purple Heart. Additionally, a review of ADCARS and the Vietnam Casualty Listing does not support his contention that he was wounded as a result of hostile action, awarded the Purple Heart, and that it was erroneously omitted from his DD Form 214.
3. In the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.
4. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
5. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20080016183
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ABCMR Record of Proceedings (cont) AR20080016183
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