BOARD DATE: 28 September 2010
DOCKET NUMBER: AR20100010984
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 (Report of Separation from Active Duty) to show award of the Purple Heart.
2. The applicant states he wants his Purple Heart added to his DD Form 214.
3. The applicant provided 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. On 2 June 1972, the applicant enlisted in the Regular Army. He completed his initial training and he was awarded military occupational specialty (MOS) 36K (Field Wireman).
3. On 1 December 1973, the applicant was assigned for duty with Headquarters and Headquarters Company, 1st Battalion, 4th Infantry Regiment, located in the Federal Republic of Germany.
4. On 21 November 1974, the applicant returned to the United States and he was assigned to the 10th Transportation Company, Fort Jackson, SC.
5. The applicant was absent without leave (AWOL) from 2 June to 18 September 1975, when he was assigned to the Personnel Control Facility (PCF) located at Fort Campbell, KY.
6. On 25 November 1975, the applicant was discharged from the Regular Army under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 10, by reason of for the good of the service - in lieu of court-martial, with issuance of an Undesirable Discharge Certificate.
7. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign ribbons Awarded or Authorized) of his DD Form 214 does not show any awards.
8. The applicants name is not listed on the Vietnam Casualty Roster.
9. 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.
10. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 that his DD Form 214 should be corrected to show award of the Purple Heart.
2. There are no available general orders awarding the applicant the Purple Heart. The Vietnam Casualty Roster does not contain the applicant's name. The
applicant's records do not contain any evidence showing that he was ever assigned to a combat theater or that he was ever wounded as result of enemy action.
3. 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:
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) AR20100010984
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