BOARD DATE: 22 June 2010
DOCKET NUMBER: AR20090021455
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) for the period ending 12 December 1969 to show award of the Purple Heart.
2. The applicant states:
* he was awarded the Purple Heart, but it was never added to his DD Form 214
* he should formally be authorized the Purple Heart to help with Department of Veterans Affairs benefits
3. The applicant provides:
* newspaper article
* DD Form 214 for the period ending 12 December 1969
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 enlisted in the Rhode Island Army National Guard on 7 November 1965 for a period of 6 years. He was ordered to active duty for training on 10 October 1966 and was released from active duty on 10 March 1967. He was ordered to active duty on 13 May 1968 for a period of 2 years. He served as a cook in Vietnam from 21 March 1969 to 22 November 1969. On 12 December 1969, he was released from active duty and transferred to the Army National Guard to complete his remaining service obligation.
3. The applicant's DD Form 214 for the period ending 12 December 1969 does not show the Purple Heart as an authorized award.
4. There are no orders for the Purple Heart in the applicant's service personnel records.
5. The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart in item 41 (Awards and Decorations) and item 40 (Wounds) is blank. The applicant's name does not appear on the Vietnam casualty roster.
6. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
7. In support of his claim, the applicant provided a newspaper article which states, in pertinent part, "A Purple Heart went to Specialist 6 [applicant] of West Warwick."
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:
1. The applicant contends he was awarded the Purple Heart, but it was never added to his DD Form 214. However, there are no orders for the Purple Heart in the available records.
2. There is no evidence in the available records and the applicant provided no evidence which shows he was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. In the absence of orders, the newspaper article provided by the applicant which states a "Purple Heart went to [applicant]" is not sufficient as a basis for amending his DD Form 214 to show this medal.
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) AR20090021455
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ABCMR Record of Proceedings (cont) AR20090021455
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