IN THE CASE OF:
BOARD DATE: 27 January 2011
DOCKET NUMBER: AR20100018664
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 his two awards of the Purple Heart.
2. The applicant states the awarding of his two Purple Hearts was not noted on his DD Form 214.
3. The applicant provides no additional evidence in support of his application.
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 enlisted in the Regular Army on 12 July 1960 for a period of
3 years. He reenlisted on 13 September 1962 for a period of 6 years. He was awarded military occupational specialty 63B (Wheel Vehicle Repairman).
3. He served in the Republic of Vietnam with the 1st Infantry Division from
23 February 1967 to 9 October 1968.
4. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) is blank.
5. Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart.
6. On 12 October 1968, the applicant was honorably discharged from active duty. He completed 8 years, 3 months, and 1 day of total active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show he was awarded the Purple Heart.
7. The applicant's service medical records were not available for review. There are no orders in his military personnel records awarding him the Purple Heart. His name does not appear on the Vietnam casualty listing.
8. 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 U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
9. Army Regulation 672-5-1 (Military Awards), then in effect, provided that the Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who while serving under competent authority in any capacity with one of the U.S. Armed Services had been wounded, killed, or who had died as a result of 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 contends he was awarded two Purple Hearts from his service in the Republic of Vietnam.
2. There are no orders in the applicant's official military personnel file or in ADCARS awarding him the Purple Heart. Item 40 of the applicant's DA Form 20 is blank and he is not listed on the Vietnam casualty listing.
3. In the absence of military records which show the applicant was wounded or injured as a result of enemy action, there is insufficient evidence upon which to base adding award of the Purple Heart 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) AR20100018664
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ABCMR Record of Proceedings (cont) AR20100018664
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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