IN THE CASE OF:
BOARD DATE: 20 AUGUST 2009
DOCKET NUMBER: AR20090005325
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, correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 23 July 1974 to show award of the Purple Heart and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
2. The applicant states that he wants his DD Form 214 for the period ending 23 July 1974 updated.
3. The applicant provides a Veterans of Foreign Wars card, a DD Form 214 (Report of Transfer or Discharge) for the period ending 23 July 1968, and a DD Form 214 for the period ending 23 July 1974 in support of his 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 was inducted into the Army of the United States on 25 November 1966. He served in Vietnam from 16 April 1967 through 14 April 1968. On 23 July 1968, he was honorably discharged for enlistment.
3. The applicant's DD Form 214 for the period ending 23 July 1968 does not show the Purple Heart as an authorized award.
4. The applicant enlisted in the Regular Army on 24 July 1968 for a period of 6 years. He was honorably released from active duty on 23 July 1974 and transferred to the U.S. Army Reserve to complete his remaining Reserve obligation.
5. The applicants DD Form 214 for the period ending 23 July 1974 does not show the Purple Heart as an authorized award. This DD Form 214 does show the Republic of Vietnam Gallantry Cross with Palm Unit Citation as an authorized award. Therefore, this portion of the applicant's request will not be discussed further in these proceedings.
6. There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.
7. The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) of his DA Form 20 is blank. The applicant's name does not appear on the Vietnam casualty roster.
8. Review of the Awards and Decorations Computer-Assisted Retrieval System, 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 the Purple Heart.
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.
DISCUSSION AND CONCLUSIONS:
There are no orders for the Purple Heart and there is no evidence of record which shows that the applicant was wounded as a result of hostile action in Vietnam. Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case.
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.
__________XXX_______________
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) AR20090005325
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ABCMR Record of Proceedings (cont) AR20090005325
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