IN THE CASE OF:
BOARD DATE: 2 June 2009
DOCKET NUMBER: AR20090003880
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his award of the Purple Heart.
2. The applicant states that he was awarded the Purple Heart; however, it is not reflected on his DD Form 214.
3. The applicant provides a copy of his DD Form 214.
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 into the Army of the United States in Charlotte, North Carolina on 17 November 1969. He completed basic training at Fort Bragg, North Carolina and advanced individual training at Fort Bliss, Texas, before being transferred to Vietnam on 19 April 1970 for duty as a light air defense artillery crewman with Battery B, 1st Battalion, 44th Artillery Regiment.
3. He was advanced to the pay grade of E-4 on 13 July 1970 and departed Vietnam on 26 March 1971 for assignment to a Hercules battery in Munster, Indiana.
4. On 3 September 1971, he was honorably released from active duty (REFRAD) at Fort Sheridan, Illinois. He had served 1 year, 9 months and 17 days of total active service and his DD Form 214 issued at the time of his REFRAD indicates that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Army Commendation Medal.
5. A review of the applicant's official records failed to show that he was wounded or injured in Vietnam as a result of enemy action and there are no orders present in his records to show that he was awarded the Purple Heart. Additionally, a search of the Vietnam Casualty Listing failed to show that he was ever reported as a casualty.
6. 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. While the sincerity of the applicant claim that he was awarded the Purple Heart in Vietnam is not in doubt, the applicant has failed to show through evidence submitted with his application and the evidence of record that such was the case. Therefore, in the absence of evidence to show that he was wounded as a result of enemy action and that he was awarded the Purple Heart for such wounds, there appears to be no basis to grant his request.
2. 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:
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 the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his 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.
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