IN THE CASE OF:	

		BOARD DATE:	  21 January 2010


		DOCKET NUMBER:  AR20090012902 


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 that his 1966 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Army Good Conduct Medal and the Purple Heart.

2.  The applicant states he has orders for both decorations, but neither is listed on his DD Form 214.  He notes the error occurred during the preparation of his DD Form 214 in August 1966 and is limiting his ability to receive entitled benefits.

3.  The applicant provides copies of orders showing award of the Purple Heart for wounds sustained on 15 December 1965 and copies of the order which awarded him the Army Good Conduct Medal.  He also submits a copy of his 1966 DD Form 214.

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 applicant's 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 applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  Records available to the Board indicate the applicant enlisted in the Regular Army and entered active duty as an enlisted Soldier on 23 August 1963.  He was trained as a personnel specialist.  In January 1964 the applicant was assigned to Europe (France) and subsequently volunteered for service in Vietnam.

3.  In September 1965 he assumed duties as a personnel specialist with the 39th Signal Battalion in Vietnam.  He departed Vietnam in August 1966 and on 10 August 1966 he was released from active duty with an honorable characterization of service.  His DD Form 214 does reflect award of the Army Good Conduct Medal, but it does not reflect award of the Purple Heart.

4.  The copy of the order awarding the applicant the Army Good Conduct Medal (General Orders Number 37, dated 5 August 1966, issued by the 39th Signal Battalion), which he provided in support of his request to the Board is also contained in his official military personnel file (OMPF) and reflected in item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record).

5.  However, the copy of the order awarding the applicant the Purple Heart (General Orders Number 87, dated 8 January 1966, issued by Headquarters, United States Army Vietnam), which the applicant provided in support of his request to have the award added to his 1966 DD Form 214, is not part of his OMPF nor is it recorded in item 41 of his DA Form 20.  Additionally, item 40 (Wounds) of his DA Form 20 is blank.

6.  The applicant's DA Form 20 was prepared on 12 June 1966 and the accuracy of the information contained on that form was authenticated by the applicant on 12 June 1966.

7.  The applicant's OMPF contains sequentially dated Standard Forms 600 (Chronological Record of Medical Care) spanning the dates October 1964 through 12 June 1966 which do not reflect treatment for any wounds received as a result of hostile action on 15 December 1965.

8.  A review of the applicant's 10 August 1966 Standard Form 88 (Report of Medical Examination) completed as part of the applicant's separation processing makes no mention of any wounds sustained as a result of hostile action or any residual scars from such a wound.

9.  A 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, revealed General Orders Number 87, dated 8 January 1966, issued by Headquarters, U.S. Army Vietnam, which is not consistent with the copy of General Orders Number 87 submitted by the applicant in support of his request.  General Orders Number 87 contained in ADCARS does award several individuals the Purple Heart, but the applicant's name is not among those listed.  The ADCARS copy of General Orders Number 87 does contain some of the same names as recorded on the copy of the orders provided by the applicant, but not all of them.  Additionally, while the signatures of the authenticating official on both the ADCARS copy of General Orders Number 87 and the copy submitted by the applicant are similar, there are marked differences.

10.  The applicant's name is not among a list of individuals reported as casualties on the Vietnam casualty roster.

11.  The applicant's records contain a 9 January 1968 inquiry from him requesting the status of an Army Commendation Medal which he states he was recommended for while stationed in Vietnam.  He noted that he had "not to this date ever been notified either of my winning the award or not."  In that inquiry he made no mention of the absence of his Purple Heart from his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's 1966 DD Form 214 already reflects award of the Army Good Conduct Medal and, as such, no additional action is required on that issue.

2.  The applicant's records show he was a personnel specialist.  It is therefore reasonable to conclude that he would have been relatively familiar with the appropriate entries which would have been included on his DA Form 20.  However, although his DA Form 20 was prepared on 12 June 1966 and authenticated by him on that same date, there is no entry in item 40 showing he was wounded as a result of hostile action and no entry in item 41 showing award of the Purple Heart in spite of the fact those orders, according to the copy provided by the applicant, would have been published in January 1966, 6 months prior to the preparation of his DA Form 20.

3.  Additionally, while the applicant inquired about the status of his Army Commendation Medal in 1968, he did not inquire about the absence of the Purple Heart from his DD Form 214 in that same correspondence.  Rather he waited until more than 40 years after the fact to raise that question and then only after it began to impact his ability to secure benefits.

4.  Beyond the copy of the orders provided by the applicant, there is no other evidence available to the Board or provided by the applicant that confirms he was wounded in action or awarded the Purple Heart.  Unfortunately, the orders provided by the applicant are inconsistent with the orders maintained in official military files and while it is possible the applicant was wounded in action and awarded the Purple Heart, in the absence of other documentation which might substantiate the validity of the orders provided by the applicant, the Board is reluctant to confirm his entitlement to the award based solely on those orders.

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)                                         AR20090012902



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ABCMR Record of Proceedings (cont)                                         AR20090012902



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