IN THE CASE OF:
BOARD DATE: 2 February 2010
DOCKET NUMBER: AR20090011217
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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart (PH).
2. The applicant states, in effect, that he was wounded in action in the Republic of Vietnam (RVN) on 26 September 1968 and the PH is not listed on his DD Form 214.
3. The applicant provides a PH certificate 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 for review. This case is being considered using a reconstructed record that consists of the applicant's DD Form 214.
3. The applicant's DD Form 214 shows he enlisted in the Regular Army (RA) on 1 August 1967 for a period of 3 years. It further shows he held and served in military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman) and that he completed a total of 3 years of active military service, of which 9 months was served in the RVN. It further shows he was honorably released from active duty (REFRAD) in the rank/grade of private (PV2)/E-2 on 28 August 1970. He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he earned the following awards during his active duty tenure: National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal with Device (1960), Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Rifle and Pistol Bars, and Expert Marksmanship Qualification Badge with Mortar Bar. The PH is not included in the list of awards contained in item 24.
5. The applicant provides a copy of a PH certificate, dated 26 September 1968, which indicates he was awarded the PH for being wounded in action on
26 September 1968.
6. During the processing of this case, a staff of the Board reviewed the Department of the Army Vietnam Casualty Roster. There was no entry pertaining to the applicant on this roster.
7. 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 for the PH pertaining to the applicant.
8. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 2-8 contains guidance on award of the PH. it states, in pertinent part, that in order to award the PH there must be evidence that the wound for which the award is being made was received as a result of enemy
action; that it required treatment for a medical personnel; and a record of the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the PH should be added to the list of awards contained on his DD Form 214 was carefully considered. However, there is no entry pertaining to the applicant on the Vietnam Casualty Roster, the official DA list of RVN battle casualties. As a result, absent any orders corroborating the PH award information contained on the certificate copy provided by the applicant, there is an insufficient evidentiary basis to support granting the requested relief. In addition, it would not be appropriate or serve the interest of all those who served in the RVN and who faced similar circumstances to add the PH to his DD Form 214 at this late date.
2. The applicant and all others concerned should know that this action related to award of the PH in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20090011217
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