BOARD DATE: 10 September 2009
DOCKET NUMBER: AR20090006882
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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart for wounds received in the Republic of Vietnam.
2. The applicant states that he received the Purple Heart during his assignment with the 11th Armored Cavalry Regiment in 1966 or 1967. He was transferred to the 9th Infantry Division and the award never caught up with him prior to his discharge.
3. The applicant provides no documentation 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. On 10 November 1965, the applicant was inducted into the Army of the United States for 2 years. He completed his initial training and he was awarded military occupational specialty (MOS) 11E (Armor Crewman).
3. On 21 May 1966, the applicant was assigned for duty as an armor crewman with the 3rd Squadron, 11th Armored Cavalry Regiment, located at Fort George G. Meade, MD.
4. On 20 August 1966, the applicant was reassigned with his unit to the Republic of Vietnam.
5. On 17 April 1967, the applicant was reassigned for duty as an armor crewman with the 3rd Squadron, 5th Cavalry Regiment, 9th Infantry Division.
6. On 16 August 1967, he returned to the United States.
7. On 17 August 1967, the applicant was released from active duty. He had attained the rank/grade of specialist five (SP5)/E-5, and he had completed
1 year, 9 months, and 8 days of creditable active duty.
8. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Purple Heart.
9. Review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), 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 awarding the applicant the Purple Heart.
10. The applicants name is not listed on the Vietnam Casualty Roster.
11. Item 40 (Wounds) of the applicants DA Form 20 (Enlisted Qualification Record) is blank. Item 41 (Awards and Decorations) of this same form does not show award of the Purple Heart.
12. 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 contends that he was awarded the Purple Heart while serving in the Republic of Vietnam and that his DD Form 214 should be corrected to add this award.
2. There are no available general orders showing that the applicant was awarded the Purple Heart. The applicant's name is not listed on the Vietnam Casualty Roster. The applicant has not provided any documented evidence or convincing argument showing that he was wounded in action or that he received any medical treatment for such wounds.
3. 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 the aforementioned requirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20090006882
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090006882
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080017511
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 1 August 1967 to show award of the Purple Heart, the Silver Star, the Army Commendation Medal, the Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. There are no general orders in the applicants service personnel records that show he was awarded the Purple Heart, but his name appears on the Vietnam...
ARMY | BCMR | CY2008 | 20080012522
Therefore, his records should be corrected to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in the Republic of Vietnam on 24 July 1967; and b. showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart, two bronze service stars to be affixed to his already awarded Vietnam Service Medal, Republic...
ARMY | BCMR | CY2006 | 20060003573C070205
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart, the Combat Infantryman Badge (CIB), and the Expert Marksmanship Qualification Badge with Rifle Bar. He states that he was awarded the CIB and the Expert Marksmanship Qualification Badge with Rifle Bar, but they are not listed on his DD Form 214. His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the...
ARMY | BCMR | CY2002 | 2002075953C070403
The applicant states he was awarded the Purple Heart on April 22, 1966 and that the award is reflected in his records. There are no orders in the applicant’s service personnel records, which show that he was awarded the Purple Heart. The applicant’s DA Form 20 (Enlisted Qualification Record), item 40 (Wounds), does not contain an entry.
ARMY | BCMR | CY2007 | 20070002775C071029
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect the two Purple Hearts he should have been awarded. The Vietnam Casualty Roster shows the applicant was wounded as a result of action on 24 May 1967; however, there is no evidence of record and the applicant provided none to show he was wounded a second time. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2004 | 2004102020C070208
DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to: Troop C, 1st Squadron, 11th Armored Cavalry Regiment, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 7 September 1966 through 10 August 1968, by Department of the Army General Orders (DAGO) Number 60, dated 1969, while he was a member...
ARMY | BCMR | CY2010 | 20100010183
The applicant requests the following awards: * Combat Infantryman Badge * Purple Heart * Arrowhead Device for the Vietnam Service Medal based on participation in an amphibious assault in conjunction with the 1st Marine Division during the Spring of 1968 * Joint Service Commendation Medal based on combat duty performed with the 1st Marine Division during the Tet Counteroffensive campaign in 1968 2. The applicant states the following: * He was wounded in combat as an infantry squad member *...
ARMY | BCMR | CY2009 | 20090006446
The applicant's records show he enlisted in the Regular Army for a period of 3 years on 19 August 1964. The applicant's medical records are not available for review with this case. Absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile action, and more particularly that he was treated by medical personnel for those wounds or injuries and that this treatment was made a matter of official record, there is an insufficient basis for...
ARMY | BCMR | CY2014 | 20140006727
Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. This is accepted as sufficient evidence to correct his DD Form 214 to show his DOB as 24 May 1946. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * amending his DD Form 214 by deleting the current DOB and adding the DOB as it is listed on his birth...
ARMY | BCMR | CY2011 | 20110010023
The applicant states he was wounded in action in the Republic of Vietnam (RVN); however, his records do not show award of the Purple Heart. The applicant served a qualifying period of active enlisted service for the first award of the Army Good Conduct Medal from 8 November 1965 to 7 November 1968. a. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in action in the...