IN THE CASE OF:	  

		BOARD DATE:	  14 May 2009

		DOCKET NUMBER:  AR20080019929 


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, in effect, award of the Purple Heart and correction of his DD Form 214 (Report of Separation from Active Duty) to show this award.

2.  The applicant states he was awarded the Purple Heart medal but he did not receive the citation.

3.  The applicant provides photocopies of two pictures with a narrative which indicates he received the Purple Heart and Combat Infantryman Badge; two DD Forms 214; an illegible document; and an order awarding the Bronze Star Medal with "V" Device in support of this 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 applicant's 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 applicant's 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 records show he enlisted in the West Virginia Air National Guard on 9 March 1957.  On 11 August 1958, he was released from the West Virginia Air National Guard for the purpose of enlisting in the Regular Army on 12 August 1958.  He completed basic combat and advanced individual training and was awarded the military occupational specialty of light weapons infantryman.  He was promoted to pay grade E-7.

3.  He was released from active duty on 1 August 1961 and transferred to the U.S. Army Reserve.  On 29 September 1961, he enlisted in the Regular Army.  The applicant's DD Form 214 for the period ending 30 November 1978 shows he was released from active duty with an honorable characterization of service and placed on the Retired List.

4.  The applicant's DA Form 2-1 (Personnel Qualification Record), item 5 (Oversea Service), shows he served in Vietnam during the period 20 March 1966 through 15 February 1967.  This document also shows he served in Thailand during the period 20 September 1967 through 9 December 1967 and a second tour in Vietnam during the period 27 March 1968 through 25 March 1969.

5.  The latest DD Form 214 the applicant was issued shows he earned the National Defense Service Medal, Army Commendation Medal, Good Conduct Medal (6th Award), Vietnam Service Medal, Vietnam Campaign Medal with Device (1960), Republic of Vietnam Cross of Gallantry with Palm Unit Citation, Combat Infantryman Badge, Presidential Unit Citation, Meritorious Unit Commendation, Master Parachutist Badge, Drill Sergeant Identification Badge, Republic of Korea Presidential Unit Citation, Valorous Unit Award, Bronze Star Medal with "V" Device, Republic of Vietnam Civil Actions Honor Medal, Air Medal with 1st oak leaf cluster, and Meritorious Service Medal.

6.  The applicant's name does not appear on the Vietnam casualty roster.

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 for a Purple Heart.

8.  There is no evidence in the available records which show the applicant was ever wounded as the result of hostile action or was recommended for or awarded the Purple Heart.

9.  The applicant provided a copy of a picture with a narrative which indicated he received 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 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 military medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was awarded the Purple Heart was carefully considered.  It is noted that the applicant provided a copy of a picture with a narrative which indicated he received the Purple Heart.  However, there is no evidence in his records that show he was wounded, treated for wounds as a result of hostile action, or was recommended for or awarded the Purple Heart.

2.  The applicant's name is not listed on the Vietnam casualty roster and no Purple Heart orders for him are listed in the ADCARS database.

3.  In the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for wounds, there is insufficient evidence upon which to base award of the Purple Heart.  As a result, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.  Therefore, there is no basis for adding this award to his DD Form 214.

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 did not submit sufficient evidence that would satisfy this requirement.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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)                                         AR20080019929



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ABCMR Record of Proceedings (cont)                                         AR20080019929



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