IN THE CASE OF:
BOARD DATE: 29 July 2010
DOCKET NUMBER: AR20100007394
THE APPLICANT'S REQUEST, STATEMENT, AND 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 award of the Purple Heart (PH).
2. The applicant states that he was put in for the PH in 1970 and that it was taken away in the same year.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and DD Form 256A (Honorable Discharge 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 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's record shows he was inducted into the Army of the United States and entered active duty on 3 February 1969. He was trained in and awarded military occupational specialty 36K (Field Wireman).
3. The applicant's DA Form 20 (Enlisted Qualification Record), item 31 (Foreign Service), shows he served in the Republic of Vietnam (RVN) from 27 June 1969 through 25 June 1970. Item 40 (Wounds) is blank and the PH is not included in the list of awards contained in item 41 (Awards and Decorations).
4. The applicant's record is void of any orders or other documents that indicate he was ever awarded the PH by proper authority while serving on active duty. The record does not include any medical treatment records that indicate he was ever treated for a combat-related wound or injury while serving in the RVN.
5. On 2 February 1971, the applicant was honorably released from active duty after completing 2 years of active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 does not show award of the PH.
6. During the processing of this case, a member of the Board staff reviewed the Vietnam Casualty Roster. There is no entry pertaining to the applicant on this list of RVN casualties.
7. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH. It states that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was awarded the PH and it was taken away from him, both in 1970.
2. By regulation, in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record. In this case, the evidence of record fails to corroborate the applicant's claim of entitlement to the PH.
3. Item 40 of the applicant's DA Form 20 is blank which indicates he was not wounded in action. Further, there are no orders or other documents on file in his record that indicate he was ever awarded the PH by proper authority or that he ever pursued award of the PH while he was on active duty.
4. Finally, the applicant's name is not included on the Vietnam Casualty Roster, the official DA list of RVN battle casualties. Absent any evidence of record to confirm the applicant sustained a combat-related wound as a result of enemy action, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.
5. The applicant and all others concerned should know that this action related to award of the PH in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20100000187
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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