BOARD DATE: 11 May 2010
DOCKET NUMBER: AR20090018736
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 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 1982 (hereafter referred to as the DD Form 214 in question) to show award of the Purple Heart.
2. The applicant states he was awarded the Purple Heart but it is not entered on his DD Form 214 in question.
3. The applicant provides a copy of his DD Form 214 in question and a Purple Heart certificate.
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 show he was inducted into the Army of the United States on 4 January 1962. He enlisted for 6 years on 11 December 1963 and continued his service by reenlistments until he was retired on 31 July 1982. He was awarded the military occupational specialties of light weapons infantryman, field artillery meteorological crew member, and meteorological observer. The highest rank/grade he held during his tenure of service was sergeant first class/E-7. His DD Form 214 shows he completed 20 years, 6 months, and 27 days of active military service.
3. Item 35 (Current and Previous Assignments) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in the Republic of Vietnam during the periods 16 February 1966 to 15 October 1967 and 16 April 1970 to 4 April 1971. It shows his initial assignment was performing duties as an infantryman team leader.
4. The applicant's DA Form 20 (Enlisted Qualification Record), Item 40 (Wounds), contains no entries.
5. The applicant's Official Military Personnel File (OMPF) is void of orders or other documents that indicate he was recommended for or awarded the Purple Heart by proper authority.
6. The applicant provided a certificate showing award of the Purple Heart for wounds received on 20 May 1966.
7. A review of the Vietnam Casualty Roster reveals the applicant was listed as "hostile wounded in action, not serious, hospitalized" on 20 May 1966.
8. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
There are no orders in the applicant's personnel records that show he was awarded the Purple Heart. However, the Vietnam Casualty Roster and a Purple Heart certificate that he provided show he was wounded in action against a hostile enemy on 20 May 1966 while he was in the Republic of Vietnam. Since the Vietnam Casualty Roster indicates he was hospitalized it can be presumed he was treated for his wounds by medical personnel. As such, there is ample evidence available showing he is entitled to have the Purple Heart added to his DD Form 214.
BOARD VOTE:
___x_____ ___x____ ___x__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Purple Heart to Item 13 of the applicant's DD Form 214 in question.
_______ _ __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) AR20090018736
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