IN THE CASE OF:
BOARD DATE: 18 August 2009
DOCKET NUMBER: AR20090005593
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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart. He also requests, in effect, that the "V" Device be added to either the Army Commendation Medal or the Bronze Star Medal shown on his DD Form 214.
2. The applicant states that his unit received these awards and they should be listed on his DD Form 214.
3. The applicant provides no additional documentary evidence 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's military records are not available to the Board. This case is being considered using reconstructed records which primarily consist of a DD Form 214 and a DA Form 20 (Enlisted Qualification Record).
3. The applicant's DD Form 214 shows that he was inducted into the Army of the United States on 20 February 1969. He served in Vietnam from 9 June 1970 to 19 February 1971 and was released from active duty on 20 February 1971.
4. The applicants DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal, and the Bronze Star Medal as authorized awards.
5. There are no orders for the Purple Heart in the available records.
6. The applicant's name does not appear on the Vietnam casualty roster.
7. Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 21845, dated 18 December 1970, show the applicant received the Army Commendation Medal for the period December 1970 to December 1971.
8. There are no orders for the Army Commendation Medal with "V' Device, the Bronze Star Medal, or the Bronze Star Medal with "V" Device in the available records.
9. 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, the Army Commendation Medal with "V" Device, or the Bronze Star Medal with "V" Device.
10. 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.
11. Army Regulation 600-8-22 provides, in pertinent part, that the bronze "V" device indicates acts of heroism involving conflict with an armed enemy.
DISCUSSION AND CONCLUSIONS:
1. 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.
2. There are no orders for the Army Commendation Medal with "V" Device or the Bronze Star Medal with "V" Device in the available records. Therefore, there is insufficient evidence on which to amend his DD Form 214 by adding the "V" Device to the Army Commendation Medal or the Bronze Star Medal.
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) AR20090005593
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ABCMR Record of Proceedings (cont) AR20090005593
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