IN THE CASE OF:
BOARD DATE: 21 January 2009
DOCKET NUMBER: AR20080016190
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 the Purple Heart be added to the awards listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that he was awarded a Purple Heart which is not shown on his DD Form 214.
3. The applicant provides copies of his DD Form 214 and an award certificate for the Purple Heart.
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 on 4 June 1969. Following basic training and
24 weeks of training as a helicopter repairman, during which he qualified as a marksman with the M-14 rifle and as an expert with the M-16 rifle, he was promoted to specialist five (SP5)/pay grade E-5.
3. On 19 July 1970 he reported for duty with the 228th Aviation Battalion, 1st Cavalry Division (Airmobile) in Vietnam. On 25 July 1970 he was transferred to C Company of the same battalion.
4. On 10 May 1971 the applicant was honorably released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.
5. Block 24 (Decorations Medals, Badges, Commendations, Citations and Campaign Awarded or Authorized) of his DD Form 214 shows he was awarded the Air Medal, Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).
6. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification) is blank. A 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. He is also not listed on the Vietnam Casualty Roster.
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.
8. United States Army, Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart. The regulation stated that authority to award the Purple Heart was delegated to hospital
commanders. Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.
9. Army Regulation 600-8-22, paragraph 1-25 states, in effect that awards made in the name of the President, the Secretary of Defense, and the Secretary of the Army will be announced in DA General Orders.
10. Army Regulation 635-5 (Personnel Separation Documents) provides the instructions for completing the DD Form 214. It states, in pertinent part that, "Each entry will be verified by the Soldier's records."
11. The copy of the award certificate submitted to support the request shows that, on 27 December 1970, the applicant was awarded the Purple Heart for wounds received in action on that same date. The certificate was signed by the commanding general of the 1st Cavalry Division.
DISCUSSION AND CONCLUSIONS:
1. The applicant states that he was awarded the Purple Heart.
2. The applicant submitted an award certificate showing award of the Purple Heart on 27 December 1970. Unfortunately, in the absence of orders awarding the applicant the Purple Heart, there is insufficient evidence to include this award on his DD Form 214.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, 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
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) AR20080016190
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ABCMR Record of Proceedings (cont) AR20080016190
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