IN THE CASE OF:
BOARD DATE: 23 November 2010
DOCKET NUMBER: AR20100015323
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 item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending
29 June 1983, 25 February 1985, 10 August 1990, and 22 May 1991 by removing the Purple Heart as an authorized award.
2. The applicant states, in effect,:
* the Purple Heart was mistakenly entered into his Official Military Personnel File (OMPF) between 1965 when he was released from active duty from the U.S. Navy and his first DD Form 214 issued by the U.S. Army in 1983
* although he served in a hostile combat area from 27 December 1990 through 25 May 1991, he never sustained an injury from any kind of wound
* in honor of all those who earned the honor of wearing the Purple Heart, he would like it removed from his OMPF
3. The applicant provides the following documents:
* DD Form 214 (U.S. Navy) for the period ending 5 August 1965
* DD Form 214 (U.S. Army Reserve) for the period ending 29 June 1983
* a Privacy Authorization Form to his U.S. Senator, dated 27 April 2010
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 applicant initially served in the U.S. Navy from 4 June 1962 to 5 August 1965. His DD Form 214 for the period ending 5 August 1965 does not show the Purple Heart as an authorized award.
3. He served in the U.S. Army Reserve from September 1981 until he was honorably discharged on 11 May 1994.
4. His OMPF shows he was issued a DD Form 214 on 29 June 1983, 25 February 1988, 10 August 1990, and 22 May 1991. Item 13 of each of the DD Forms 214 shows he was awarded the Purple Heart.
5. His record does not contain orders which show he was awarded the Purple Heart. Additionally, his record is void of any evidence that shows he ever sustained a wound as a result of hostile action. The applicant also expressed that he never sustained an injury from any kind of wound
6. 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.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. In establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states that the
DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Forms 214 should be corrected by removing the Purple Heart was carefully considered and determined to have merit.
2. The evidence clearly shows and the applicant acknowledges the Purple Heart was mistakenly entered on his DD Forms 214. Therefore, he is entitled to correction of his DD Forms 214 to remove the Purple Heart as indicated below.
BOARD VOTE:
___X____ ____X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 13 of his DD Forms 214 for the periods ending 29 June 1983, 25 February 1985, 10 August 1990, and 22 May 1991 the Purple Heart.
___________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) AR20100015323
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ABCMR Record of Proceedings (cont) AR20100015323
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