IN THE CASE OF:
BOARD DATE: 27 May 2009
DOCKET NUMBER: AR20090001962
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 he be awarded the Purple Heart and that his military occupational specialty (MOS) be changed from 13A1O to 13B4O.
2. The applicant states that he was never officially awarded the Purple Heart for wounds he received during combat in Vietnam. As for the MOS, he states that he was always assigned as a gunner and not a cannoneer.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), an update of unit historical files, and a unit listing which shows that his primary MOS was 13B2O and his duty MOS was 13A1O while in Vietnam.
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 military records show that he was inducted into the Army on 24 June 1968. All the documents in his military records show that his MOS as 13A1O, cannoneer. He was honorably released from active duty on 14 April 1970 in pay grade E-4. His DD Form 214 shows his MOS as 13A1O and does not list the Purple Heart.
3. There is no orders awarding the applicant the Purple Heart in his records.
4. There are no medical records which show that the applicant was treated for wounds as a result of hostile action.
5. The Vietnam Casualty List does not contain the applicant's name.
6. Army Regulation 600-8-22 provides that the Purple Heart is awarded for wounds 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 a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence that the applicant was awarded the Purple Heart and there is no evidence that he was wounded as a result of hostile action. As such, there is insufficient evidence in which to award him the Purple Heart.
2. All of the documents contained in the applicant's records show his MOS as 13A1O. While the applicant has submitted a unit record from Vietnam which shows his primary MOS as 13B2O, it shows his duty MOS as 13A1O. However, one document cannot be accepted to change the applicant's MOS on his DD Form 214 when all the other documents contained in his records reflect a different MOS. As such, there is insufficient evidence to warrant changing the applicant's MOS on his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X___ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that 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/her service in arms.
_______ _ _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) AR20090001962
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ABCMR Record of Proceedings (cont) AR20090001962
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