IN THE CASE OF:	  

		BOARD DATE:	  21 October 2010

		DOCKET NUMBER:  AR20100011667 


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 that the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 7 November 1967.

2.  The applicant states his original DD Form 214 shows he was awarded the Purple Heart.  However, the copy (copy 2) he requested and received from military personnel doesn't show he was awarded the Purple Heart.  He states he earned this award in the Republic of Vietnam.

3.  The applicant provides copies of:

* copy 1 of his DD Form 214
* copy 2 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 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.  A message, dated 16 October 1967, from Fort Sill, OK, to the Department of the Army requested an attempt be made to locate the applicant's military personnel records jacket (MPRJ).  The applicant lost his MPRJ en route to the continental United States from the Republic of Vietnam.

3.  It appears the applicant's MPRJ was never found.  The MPRJ available for review by the Board contains no documents other than a court-martial order and his DD Form 47 (Record of Induction), dated prior to 16 October 1967.

4.  The applicant's DD Form 214 shows he was inducted into the Army of the United States on 8 November 1965.  He completed basic combat and advanced individual training and was awarded military occupational specialty 13A (Field Artillery Basic).

5.  A temporary DA Form 20 (Enlisted Qualification Record) shows the applicant served in the Republic of Vietnam from 19 March 1966 to 16 April 1967.

6.  Item 40 (Wounds) of his temporary DA Form 20 does not contain any entries indicating the applicant received any wounds.

7.  On 7 November 1967, the applicant was released from active duty.  He completed 2 years of active service that was characterized as honorable.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of copy 1 of the applicant's DD Form 214 submitted by the applicant contains the entry:  "Purple-Heart (1)."  The font size for this entry is different from the other entries on the form.  The entry itself is not the normal manner in which the Purple Heart is entered on a DD Form 214.

9.  Copies 2 and 5 of the applicant's DD Form 214 contained in his MPRJ do not show the award of the Purple Heart in item 24.

10.  The applicant's name does not appear on the Vietnam casualty listing.

11.  A 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 U.S. Army Human Resources Command, failed to reveal any orders awarding the applicant the Purple Heart.

12.  Army Regulation 672-5-1(Military Awards), then in effect, provided that the Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services, was wounded, killed, or who died as a result of 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 a medical officer, and the medical treatment must have been made a matter of official record.

13.  Army Regulation 635-5 (Separation Documents), then in effect, provided for the distribution of copies of the DD Form 214.  According to this regulation:

* copy 1 was the individual's copy
* copy 2 was the record copy
* copy 5 was to be filed in the "Military History" portion of the individual's MPRJ

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the Purple Heart should be entered on the file copies of his DD Form 214 contained in his MPRJ.

2.  The size of the font for the Purple Heart entry in item 24 of copy 1 of the applicant's DD Form 214 is not the same as other entries on the form.  In addition, the entry "Purple-Heart (1)" is not the normal manner in which the Purple Heart is entered on a DD Form 214.

3.  Copies 2 and 5 of the applicant's DD Form 214 contained in his MPRJ do not show the Purple Heart.  A search of ADCARS did not reveal any orders awarding him the Purple Heart and his name is not listed on the Vietnam casualty listing.

4.  In view of the above, there is insufficient evidence to add the Purple Heart to the applicant's DD Form 214 with an effective date of 7 November 1967.

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)                                         AR20100011667



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ABCMR Record of Proceedings (cont)                                         AR20100011667



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