IN THE CASE OF:
BOARD DATE: 19 May 2009
DOCKET NUMBER: AR20090001661
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, that he be awarded the Purple Heart and that it be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states, in effect, that he was never awarded a Purple Heart for wounds he received from a rocket attack. He states he was treated at the 3rd Field Hospital in Saigon. He was assigned to the 1st Signal Brigade at the time. The applicant concludes his statement by adding, in effect, he needs to have this done to support his application for benefits from the Department of Veterans Affairs (VA).
3. In support of his application, the applicant submits a copy of a DD Form 214 with an effective date of separation on 1 August 1970 and a copy of a DD Form 214 (Report of Separation from Active Duty) with an effective date of separation on 19 September 1975.
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 applicants record shows he enlisted in the Regular Army (RA) on 29 March 1967 for 3 years. He completed his basic combat and advanced individual training at Fort Gordon, Georgia. On completion of his training, he was awarded military occupational specialty (MOS) 72B (Communications Center Specialist). The record shows that on 20 September 1969, the applicant voluntarily extended the period of his original enlistment for 4 months for the convenience of the Government.
3. The applicant served in the Republic of Vietnam from 25 January 1969 through 14 March 1969 with the 587th Signal Company and from 15 March 1969 through 31 July 1970 with the U.S. Army Element Defense Communications Agency - Southeast Asia Mainland Region.
4. The applicant was honorably released from active duty (REFRAD) on
1 August 1970 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Separations), as an overseas returnee. He was REFRAD in the rank/pay grade of specialist four (SP4)/E-4. On the date he was REFRAD, he had completed 3 years, 4 months, and 3 days of creditable active service, with no time lost.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded: the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960); and the Good Conduct Medal. The Purple Heart is not shown on his DD Form 214.
6. There is no entry in Item 41 (Awards and Decorations) on the applicant's DA Form 20 (Enlisted Qualification Record) showing he was awarded the Purple Heart.
7. There are no orders in the applicant's military personnel records awarding him the Purple Heart.
8. The applicant's name does not appear on the Vietnam Casualty List.
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.
10. The records shows the applicant reentered the RA on 31 May 1975 for
4 years. He was honorably discharged on 19 September 1975 under the provisions of Training and Doctrine Command (TRADOC) Circular 635-1 (Evaluation and Discharge Before 180 Active Duty Days). During this enlistment, the applicant performed no overseas duty in Vietnam or elsewhere.
DISCUSSION AND CONCLUSIONS:
1. To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as 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.
2. There is no evidence of record and the applicant provided none to show that he was wounded as a result of hostile action. The applicant's name does not appear on the Vietnam Casualty Listing. There were no entries made in his service personnel records to show he was wounded as a result of hostile action and no orders were published awarding the applicant the Purple Heart.
3. Based on the evidence in this case, the applicant is not entitled to award of the Purple Heart and to have it added to his DD Form 214.
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) AR20090001661
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ABCMR Record of Proceedings (cont) AR20090001661
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