IN THE CASE OF:
BOARD DATE: 30 June 2009
DOCKET NUMBER: AR20090003263
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. The applicant also requests that the social security number be corrected.
2. The applicant states, in effect, that he is applying for award of the Purple Heart for an injury he received to his foot from the recoil of an artillery gun in the Republic of Vietnam (RVN). He also states, in effect, that his social security number was wrong throughout his military career.
3. The applicant submitted a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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 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 record contains a copy of a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) which was issued on 15 July 2004 and filed in his Official Military Personnel Records (OMPF). This form corrects his DD Form 214 to show his correct social security number as xx1-xx-xx8x. A copy of the DD Form 215 will be provided to the applicant as an enclosure to the Proceedings. Therefore, this portion of the applicant's request will not be discussed any further in these Proceedings.
3. The applicant's DD Form 214 shows that he was inducted into the Army of the United States on 6 April 1967.
4. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 25 March 1968 to 16 March 1969, performing duties in military occupational specialty (MOS) 13B (Cannoneer). During his RVN tour he was assigned to Battery B, 3rd Battalion, 82th Artillery Regiment, 196th Infantry Brigade, Americal Division.
5. Item 40 (Wounds) of the applicants DA Form 20 is blank, indicating that he was not wounded during his tenure of active duty service.
6. Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), RVN Campaign Medal with Device (1960), Army Commendation Medal, and two Overseas Service Bars.
7. On 20 March 1969, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. He had completed 1 year,
11 months, and 15 days of active military service.
8. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 does not show award of the Purple Heart.
9. The Vietnam Casualty Roster does not list the applicant's name.
10. There are no orders in the applicants service personnel records which show he was awarded the Purple Heart.
11. 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. The applicant's contention that he is entitled to correction of his record to show award of the Purple Heart was carefully considered.
2. There is no evidence of record and the applicant has not provided any evidence that show he was wounded or injured as a result of hostile action, or that he was treated for such wounds. The applicant is not listed on the Vietnam Casualty Roster. Regrettably, in the absence of corroborating evidence there is no basis for granting the applicant's requested relief.
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) AR20090003263
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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