IN THE CASE OF:
BOARD DATE: 24 September 2009
DOCKET NUMBER: AR20090008500
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 include the award of the Purple Heart.
2. The applicant states that his award of the Purple Heart was issued after his DD Form 214 was prepared or after the expiration of his term of service.
3. The applicant provides a copy of his DD Form 214 and a copy of a certificate which indicates that he was awarded the Purple Heart.
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 17 April 1968, the applicant enlisted in the Regular Army (RA) in Boston, Massachusetts, for 3 years in the pay grade of E-1. He successfully completed his training as a wheeled vehicle repairman. He arrived in Vietnam on 25 July 1969 and he was assigned to the 118th Aviation Company (Assault Helicopter).
3. The applicant departed Vietnam on 24 July 1970 and he returned to the continental United States. He was assigned to Headquarters and Headquarters Company, 1st Battalion, 58th Infantry Regiment, Fort Benning, Georgia.
4. On 16 April 1971, the applicant was honorably released from active duty (REFRAD) under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 2, at the expiration of his term of service. He was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.
5. The DD Form 214 that the applicant was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, two overseas service bars, the Vietnam Service Medal with two bronze service stars, the Marksman Marksmanship Qualification Badge (Rifle M-14), the Republic of Vietnam Campaign Medal with Device (1960), the Expert Marksmanship Qualification Badge (Rifle M-16), the Army Good Conduct Medal (First Award), the Army Commendation Medal, and the Driver and Mechanic Badge.
6. A review of the Vietnam casualty roster does not show the applicant was wounded in action while he was in Vietnam. There is no evidence in the applicant records that shows that he was wounded in action while he was in Vietnam and there are no orders contained in his records showing that he was ever awarded the Purple Heart.
7. The certificate that the applicant submitted shows that he was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 1 May 1970.
8. 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, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be amended to include the award of the Purple Heart.
2. His contentions have been noted and the certificate that he submitted has been considered during this review. However, there is no evidence in the available record that shows that he was awarded the Purple Heart.
3. A review of the Vietnam casualty roster does not show the applicant was wounded in action while he was in Vietnam and there are no orders contained in his records showing that he was awarded the Purple Heart. Without corroborating evidence (such as orders or medical records), the certificate that he submitted is not sufficient to warrant the relief requested. Therefore, the Purple Heart cannot be included on his DD Form 214 at this time.
4. In order to justify correction of a military record the applicant must show 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.
5. In view of the foregoing, there is no basis for granting the applicants 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) AR20090008500
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ABCMR Record of Proceedings (cont) AR20090008500
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