IN THE CASE OF:	  

		BOARD DATE:	 4 January 2011 

		DOCKET NUMBER:  AR20100016199 


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 he was awarded the Purple Heart.

2.  The applicant states he received shrapnel to his left arm while he was in Vietnam and he would like his DD Form 214 corrected to show he was awarded the Purple Heart.

3.  The applicant provides copies of a Purple Heart Certificate and 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.  With prior enlisted service in the U.S. Army Reserve (USAR), the applicant accepted an appointment as a second lieutenant/O-1 in the USAR on 19 January 1968.  He was ordered to active duty effective 12 May 1968 and he arrived in Vietnam on 19 April 1969.

3.  A review of the applicant’s records failed to show he was wounded while in action against an enemy or as a result of hostile action with enemy forces while he was in Vietnam.

4.  The applicant departed Vietnam in enroute to the U.S. on 25 March 1970.  He was honorably released from active duty on 2 April 1970 and transferred to the USAR Control Group (Annual Training) to complete his Reserve obligation.

5.  The DD Form 214 the applicant received shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Bronze Star Medal
* Two Overseas Service Bars
6.  The applicant’s official military record does not contain orders awarding him the Purple Heart.

7.  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 United States Army Human Resources Command, failed to reveal any orders awarding him the Purple Heart.

8.  The applicant's name is not shown on the Vietnam Casualty Listing.

9.  The applicant submits a copy of a certificate showing he was awarded the Purple Heart on 20 August 1969.

10.  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.

11.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted and the certificate he submitted has been considered.  However, there is no evidence in his record showing that he was wounded while in action against an enemy or as a result of hostile action by enemy forces.

2.  As previously stated, ADCARS does not contain orders awarding him the Purple Heart and his name is not shown on the Vietnam Casualty Listing as being wounded in action while he was in Vietnam.  

3.  There is no evidence available to corroborate the Purple Heart Certificate the applicant provided.  Therefore, his request to correct his records to show this award should be denied.  However, should the applicant have, or be able to obtain a copy of the orders awarding him the Purple Heart, or other corroborating evidence such as medical records, he may submit another application for consideration.

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)                                         AR20100016199



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ABCMR Record of Proceedings (cont)                                         AR20100016199



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