IN THE CASE OF:
BOARD DATE: 24 September 2009
DOCKET NUMBER: AR20090008503
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, in effect, that he is entitled to the Purple Heart and that it should be included on his DD Form 214.
3. The applicant provides an undated document which appears to be information that was forwarded to him from the Department of Veterans Affairs.
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 12 July 1966, the applicant was inducted into the Army in Los Angeles, California. He successfully completed his training as a heavy vehicle driver. He was transferred to Vietnam on 26 June 1967 and he was assigned to the 64th Transportation Company.
3. The applicant returned to the Continental United States and he was honorably released from active duty (REFRAD), on 5 July 1968, under the provisions of Army Regulation 635-200, chapter 5 as an overseas returnee. He was transferred to the United States Army Reserve Control Group (Annual Training) to complete his Reserve obligation.
4. The DD Form 214 that he was furnished at time of his REFRAD shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Sharpshooter Marksmanship Qualification Badge (Rifle M-14), the Sharpshooter Marksmanship Qualification Badge (Rifle M-16), and one Overseas Service Bar.
5. A review of the Vietnam Casualty Roster does not show the applicant was wounded in action while he was in Vietnam. There are no orders contained in his records showing that he was ever awarded the Purple Heart.
6. The undated document the applicant submitted shows that he was granted a 30 percent service connected disability rating by the Veterans Administration Medical Center, in Greater Los Angeles for Post Traumatic Stress Disorder on
13 August 2007. According to the document that he submitted, he was informed that his DD Form 214 shows he received the Purple Heart, which confirms that he is a combat veteran. This document appears to be altered and it is unsigned.
7. 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. The applicants contentions and the document that he submitted were considered. The document appears to have been altered and it contains no signature. Therefore, it is not sufficient to award the Purple Heart.
3. Additionally, there is no evidence in the available record that shows he was wounded or awarded the Purple Heart and a review of the Vietnam Casualty Roster failed to show he was wounded in action while he was in Vietnam.
4. To substantiate award of the Purple Heart, the applicant must provide evidence to show he was wounded as a result of hostile action. The evidence must also show the wound required treatment, and the medical treatment must have been made a matter of official record.
5. 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.
6. 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) AR20090008503
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ABCMR Record of Proceedings (cont) AR20090008503
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