IN THE CASE OF:
BOARD DATE: 7 October 2010
DOCKET NUMBER: AR20100010233
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:
* the Purple Heart
* his date of birth (DOB) as 14 August 1950
2. The applicant states he received the Purple Heart on the battlefield, but it was not added to his DD Form 214. He also states his DOB is incorrect on his DD Form 214.
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 was inducted into the Army of the United States (AUS) for 2 years on 23 December 1969. His DD Form 47 (Record of Induction) shows his DOB as 14 August 1950.
3. The applicant was trained in, awarded, and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman). He successfully completed the Basic Airborne Course and he was awarded the Parachutist Badge. He was sent to Vietnam where he served with Company D, 1st Battalion (Airborne), 503rd Infantry, 173rd Airborne Brigade from 15 December 1969 to 13 November 1970.
4. The applicant returned to the continental United States at Fort Lewis, WA and he was honorably released from active duty on 19 November 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. His DA Form 20 (Enlisted Qualification Record) shows his DOB as 14 August 1950, but the numeral "4" slightly resembles a "9." Item 9 (DOB) of his DD Form 214 shows his DOB as
19 August 1950. Item 24 (Decorations, Medals, Badgers, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Purple Heart.
5. There are no orders in the applicant's records to show he was awarded the Purple Heart.
6. The applicant's DA Form 20 contains no entry in Block 40 (Wounds) and the Purple Heart is not listed in Block 41 (Awards and Decorations).
7. The applicant's name does not appear on the Vietnam Casualty Roster.
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.
9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) 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 required treatment by medical personnel, and the medical treatment was made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 to show award of the Purple Heart and his correct DOB.
2. The applicant claims he was awarded the Purple Heart; however, no orders or other corroborating evidence can be found in his records or in ADCARS. Without orders, there is insufficient basis to add the Purple Heart to his DD Form 214.
3. The applicant's DD Form 214 incorrectly shows his DOB as 19 August 1950. This is probably because the second digit of his DOB on his DA Form 20 resembles a "9" instead of a "4." His DD Form 47 shows his DOB as 14 August 1950. Therefore, his DD Form 214 should be corrected to show his DOB as
"14 Aug 50."
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ___X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 9 of his DD Form 214 the entry "19 Aug 50" and replacing it with the entry "14 Aug 50."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the Purple Heart.
____________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) AR20100010233
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ABCMR Record of Proceedings (cont) AR20100010233
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