BOARD DATE: 27 October 2009
DOCKET NUMBER: AR20090012245
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 an award of the Purple Heart (PH).
2. The applicant states, in effect, that he was injured in Vietnam in 1967, that he was recommended for the PH, but he never received the award.
3. The applicant did not provide any additional documents 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 record shows he enlisted in the Regular Army (RA) for 3 years and entered active duty on 25 August 1966. He was trained in and awarded military occupational specialty (MOS) 11E (Armor Crewmember).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 16 January 1966 through 12 January 1968.
4. Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that while he was in the RVN, he was assigned to Company C, 2d Battalion, 34th Armor, performing duties in MOS 63A (Track Vehicle Mechanic Helper) and in MOS 11E (Tank Driver). Item 40 (Wounds) of the applicant's DA Form 20 is blank and the PH is not included in the list of awards contained in item 41 (Awards and Decorations).
5. The applicant's official military personnel file (OMPF) is void of any orders or other documents that indicate he was ever recommended for or awarded the PH by proper authority or that show he was ever wounded in action while serving in the RVN. The OMPF is also void of any medical treatment records that show he was ever treated for a combat-related wound while serving in the RVN.
6. On 26 August 1969, the applicant was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. The DD Form 214 he was issued at the time shows he completed a total of 3 years of creditable active military service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the PH.
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. Additionally, the applicant's name is not reflected on the Vietnam Casualty Roster, the official DA list of RVN battle casualties.
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 support award of 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 by military medical personnel, and a record of this treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention was carefully considered; however, there is insufficient evidence to support his claim for award of the PH.
2. Item 40 of the applicant's DA Form 20 is blank and the PH is not included in the list of awards contained in item 41, which indicates he was never wounded in action or awarded the PH. There are no orders or other documents on file in his record that indicate he was ever recommended for or awarded the PH by proper authority. Further, his record is void of any medical treatment records that indicate he was ever treated for a combat-related wound by medical personnel while serving in the RVN. In addition, the PH is not included in the list of awards contained on his DD Form 214 and his name is not included on the Vietnam Casualty Roster. As a result, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.
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 this requirement related to award of the PH.
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.
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