IN THE CASE OF:
BOARD DATE: 25 March 2010
DOCKET NUMBER: AR20090016438
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 the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states his DD Form 214 does not show the Purple Heart.
3. The applicant provides a copy of his 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. The applicant served in the Army of the United States from 14 November 1967 to 13 August 1969. He was a light weapons infantryman and he served 11 months, and 29 days service in Vietnam.
3. The applicant's records contain no orders awarding him the Purple Heart. His DA Form 20 (Enlisted Qualification Record), Item 40 (Wounds), contains no entry. Item 41 (Awards and Decorations) does not show the Purple Heart as an authorized award.
4. The applicant's medical records do not contain any information regarding him being wounded in action.
5. The applicant's name does not appear on the Vietnam Casualty Roster.
6. During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973. This review failed to reveal any award of the Purple Heart orders on file for the applicant.
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: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant wants the Purple Heart added to his DD Form 214. He provides no proof of his entitlement to the Purple Heart.
2. The applicant's records contain no orders awarding him the Purple Heart; his DA Form 20 does not support awarding him the Purple Heart; his medical records do not show he was wounded in action; and he is not listed on the Vietnam Casualty Roster.
3. A search of ADCARS failed to reveal orders awarding the applicant the Purple Heart.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x____ ____x____ ____x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action 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.
_______ _ _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) AR20090016438
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ABCMR Record of Proceedings (cont) AR20090016438
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