IN THE CASE OF:
BOARD DATE: 2 December 2010
DOCKET NUMBER: AR20100013737
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 he be awarded the Purple Heart and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add the Purple Heart and his already-awarded Army Commendation Medal (ARCOM).
2. The applicant states he was wounded in Vietnam during an attack. He continues that his ARCOM certificate verifies he was awarded the ARCOM.
3. The applicant provides an ARCOM certificate.
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 applicants military records show that he enlisted in the Regular Army on 14 July 1967, was awarded the military occupational specialty of repair parts specialist, served in Vietnam from 19 April 1969 to 3 April 1970, and was promoted to pay grade E-5.
3. He was honorably released from active duty on 3 April 1970.
4. The applicant's DA Form 20 (Enlisted Qualification Record), Item 41 (Awards and Decorations), does not list the ARCOM or Purple Heart. Item 40 (Wounds) is blank.
5. 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 awarding the applicant the Purple Heart or ARCOM.
6. The Vietnam Casualty List does not contain the applicant's name.
7. The applicant's military records do not contain orders for the Purple Heart or ARCOM and do not contain any record which would indicate that the applicant was wounded in action.
8. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for wounds 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.
9. Army Regulation 600-8-22 provides that the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence that the applicant was awarded the Purple Heart or ARCOM.
2. The applicant's records do not contain any record which would show the applicant was wounded in action. As such, there is insufficient evidence in which to award the applicant the Purple Heart.
3. An award certificate is not sufficient to add the ARCOM to the applicant's
DD Form 214. Orders are required to add an award to a DD Form 214.
4. In view of the foregoing, there is no basis for granting the applicants request.
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) AR20100013737
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ABCMR Record of Proceedings (cont) AR20100013737
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