IN THE CASE OF:
BOARD DATE: 4 November 2010
DOCKET NUMBER: AR20100012945
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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.
2. He states his DD Form 214 should show the Purple Heart. He was shot in the shoulder in Vietnam. He received a service-connected disability rating from the Department of Veterans Affairs for his shoulder injury. He earned this medal and he is missing out on valuable benefits.
3. He provides his DD Form 214.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
Counsel provides no request, statement, or additional evidence.
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 military records were not made available to the Board. However, he provided his DD Form 214 which shows he enlisted in the Regular Army on 7 January 1970 for 3 years. He completed training and he was awarded military occupational specialty 11B (light weapons infantryman). He served in Vietnam from 7 January 1970 through 3 July 1970 while assigned to Troop G, 2nd Squadron, 2nd Armored Cavalry Regiment.
3. He was honorably released from active duty in pay grade E-4 on 5 March 1973 at the expiration of his term of service and transferred to the U.S. Army Reserve Control Group (Reinforcement).
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards: National Defense Service Medal, Combat Infantryman Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal with 1st Oak Leaf Cluster, Marksman Marksmanship Qualification Badge with M-14 and M-16 Rifle Bars, and Sharpshooter Marksmanship Qualification Badge with M-60 Machine Gun and .45 Caliber Pistol Bars.
5. He provides no evidence to show he was wounded as result of enemy action in Vietnam and his name is not shown on the Vietnam casualty roster.
6. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), a web based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, was conducted. This review failed to show any orders were published authorizing him award of the Purple Heart.
7. Army Regulation 600-8-22 (Military Awards) states 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's contentions were carefully considered. By regulation, in order to support award of the Purple Heart there must be evidence confirming the wound/injury for which the award is being made was received as a direct result of or was caused by enemy action, the wound/injury must have been treated by medical personnel, and a record of this treatment must have been made a matter of official record.
2. He provided insufficient evidence to show he was wounded or injured as a result of hostile action during his period of service in Vietnam and he was awarded the Purple Heart. There are no orders in ADCARS confirming he was awarded the Purple Heart. His name does not appear on the Vietnam casualty roster.
3. Absent corroborating evidence confirming his contention (such as his service medical records, which he should be able to obtain from the Department of Veterans Affairs), the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case. Therefore, he is not entitled to award of the Purple Heart and its addition to his DD Form 214.
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) AR20100012945
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ABCMR Record of Proceedings (cont) AR20100012945
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