IN THE CASE OF:	

		BOARD DATE:	  11 May 2010

		DOCKET NUMBER:  AR20090018594 


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 show award of the Purple Heart.

2.  The applicant states that he discovered the omission of the Purple Heart from his DD Form 214 when he applied for social security.  He was told that the newspaper would not usually print articles about awards of the Purple Heart without verification.

3.  The applicant provides, in support of his application, copies of his DD Form 214, a photograph of his Purple Heart, a copy of his driver license, and a copy of a newspaper article.

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.  On 4 January 1966, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 76Y (Supply Specialist). 

3.  On 16 September 1966, the applicant departed Aberdeen Proving Grounds, Maryland, for duty in the Republic of Vietnam.

4.  On 19 October 1966, the applicant was assigned to Service Battery, 
2nd Howitzer Battalion, 17th Field Artillery Regiment.

5.  On 24 August 1967, the applicant was promoted to sergeant, pay grade E-5.

6.  On 7 October 1967, the applicant returned to the United States.

7.  On 9 October 1967, the applicant was released from active duty.  He had completed 1 year, 9 months, and 6 days of creditable active duty service.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, one overseas service bar, and the Expert Marksmanship Qualification Badge with Rifle Bar. 

9.  The applicant’s name is not listed on the Vietnam Casualty Roster.

10.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) is blank.

11.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Purple Heart.  ADCARS is 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.

12.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S.  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.

13.  The photograph provided by the applicant shows the front side of a Purple Heart.  The reverse side which is reserved for engraving the recipient's name was not shown.

14.  The newspaper article provided by the applicant states that he was awarded the Purple Heart and battle [service] stars for Operations Pershing and Thayer II while serving with the Special Forces in the Central Highlands of Vietnam.  The article does not mention what his wounds were or whether they required and/or received medical treatment. 

15.  The driver license provided by the applicant does not show any information recognizing him as a recipient of the Purple Heart. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart.

2.  There are no general orders available awarding the applicant the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster.  The newspaper article and photograph of the Purple Heart, provided by the applicant, are not sufficient evidence upon which to base a correction of his records.  Should he have, or be able to obtain, a copy of the orders awarding him the Purple Heart or be able to provide other evidence such as morning report entries showing he was wounded as a result of hostile action, he may submit another application for consideration.

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 the aforementioned requirement.

4.  In view of the foregoing, the applicant's request should be denied.







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)                                         AR20090018594





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ABCMR Record of Proceedings (cont)                                         AR20090018594



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