IN THE CASE OF:
BOARD DATE: 27 May 2010
DOCKET NUMBER: AR20090021114
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 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, in effect, that the award was omitted from his DD Form 214. He contends that he never thought it was important until his family began pressuring him about it.
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 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 records show that he was inducted into the Army of the United States on 27 February 1967 for a period of 2 years. Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 64A (Light Vehicle Driver).
3. A copy of the applicants DA Form 20 (Enlisted Qualification Record) shows he was assigned to Headquarters and Headquarters Company (HHC), 1st Battalion, 503rd Infantry, 173rd Airborne Brigade in Vietnam from 13 August 1967 through 10 August 1968. He was honorably released from active duty (REFRAD) on 26 February 1969 by reason of expiration of term of service after serving for a total of 2 years of active service.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 issued at the time of his REFRAD does not show award of the Purple Heart.
5. Item 41 (Awards and Decorations) of his DA Form 20 shows award of the Purple Heart per General Orders Number 797, Headquarters, 173rd Airborne Brigade (Separate), dated 29 March 1968; however, this entry was lined through.
6. The applicant's name does not appear on the Vietnam Casualty Roster. Item 40 (Wounds) of the DA Form 20 is void of any entries.
7. A review of the available medical documents in his personnel records do not contain any information pertaining to the treatment for any wounds or injuries sustained.
8. 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 Purple Heart pertaining to the applicant. However, ADCARS does contain a copy of General Orders Number 797, Headquarters, 173rd Airborne Brigade (Separate), dated 29 March 1968, which does not contain the applicant's name.
9. Army Regulation 600-8-22 (Military Awards) states 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:
1. The applicant's request that his record be corrected by adding the Purple Heart was carefully considered and is not supported by the evidence.
2. It appears that an error was made in item 41 of the DA Form 20. An entry of orders for the award of the Purple Heart was made and then lined through. The orders that are referenced don't contain his name.
3. There is no evidence of record and the applicant did not provide any evidence to show that he was wounded as a result of hostile action, that he was treated by medical personnel, and that his treatment was made a matter of official record. Additionally, his available medical records do not contain any information pertaining to the treatment for any wounds or injuries sustained and Item 40 of his DA Form 20 is void of any entries.
4. 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.
5. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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 the United States during the Vietnam War. 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) AR20090021114
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ABCMR Record of Proceedings (cont) AR20090021114
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