IN THE CASE OF:
BOARD DATE: 4 November 2010
DOCKET NUMBER: AR20100013646
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 award of the Purple Heart.
2. The applicant states, in effect, item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) should show award of the Purple Heart. He further indicates the correction of his DD Form 214 is needed for Department of Veterans Affairs (DVA) benefits.
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 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 service records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient records available for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States and he entered active duty on 24 February 1967 for a period of
2 years. Upon completion of training he was awarded military occupational specialty 11B (Light Weapons Infantryman). He was honorably released from active duty on 20 February 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve obligation.
a. At the time he had completed 1 year, 11 months, and 27 days of net active service this period and 11 months and 29 days of foreign service in the U.S. Army Pacific (USARPAC) [Vietnam].
b. Item 24 does not show award of the Purple Heart.
4. A review of The Adjutant General, Casualty Division's, Vietnam Casualty Roster, confirmed the applicant's name is not listed on the roster.
5. 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.
6. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. It states that 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 claim was carefully considered.
a. There is no evidence in the available records that shows the applicant was wounded as a result of hostile action, that such wound required treatment by medical personnel, or that the medical treatment was made a matter of official record.
(1) The applicant's name is not listed on the Vietnam Casualty Roster.
(2) There are no orders that show he was awarded the Purple Heart.
b. Therefore, there is insufficient evidence to support the applicant's claim to the Purple Heart.
2. The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits. Every case is individually decided based upon its merits when an applicant requests a records correction. Additionally, the granting of veteran's benefits is not within the purview of the ABCMR. Any questions regarding eligibility for health care and other benefits should be addressed to the DVA.
3. In view of the foregoing, there is no basis for graining the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ____X___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our
Nation. The applicant and all Americans should be justifiably proud of his service in arms.
___________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.
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