IN THE CASE OF:	  

		BOARD DATE:	      6 January 2011

		DOCKET NUMBER:  AR20100018965 


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 that he be awarded the Purple Heart and the Prisoner of War (POW) Medal, that his date of birth (DOB) be corrected and that his marital status and the place of his mother’s birth be corrected.

2.  The applicant states that he should have been awarded the Purple Heart for burns he received in saving another Soldier’s life and for which he was awarded the Army Commendation Medal (ARCOM) with “V” Device.  He goes on to state that he should have been awarded the POW Medal because he was captured by General Ho Chi Minh for more than 5 hours before he escaped.  He continues by stating that he was born on 3 July 1945 and he was single and never married and his mother was born in North Carolina, not in Georgia as his DA Form 20 (Enlisted Qualification Record) reflects. 

3.  The applicant provides:

* A copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* A copy of his DA Form 20
* A letter explaining 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 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 was inducted in Raleigh, North Carolina on 30 March 1966 and at the time of his induction he completed a statement of personal history indicating that his DOB was 3 July 1945; however, all of his records were prepared to reflect 4 July 1945.

3.  He was transferred to Fort Jackson, South Carolina to undergo his basic training.  While at Fort Jackson he enlisted in the Regular Army on 2 April 1966 for a period of 3 years and training as a wheel vehicle repairman.  He completed his advanced individual training at Aberdeen Proving Ground, Maryland and was transferred to Fort Lee, Virginia where he remained until he was transferred to Vietnam on 3 December 1966.

4.  He was assigned to the United States Army Depot at Cam Ranh Bay when he was awarded the Army Commendation Medal with “V” Device on 23 March 1967 for saving another Soldier’s life.  The other Soldier was covered with burning fuel and the applicant was able to subdue him and extinguish the fire. 

5.  He departed Vietnam on 4 December 1967 and was transferred to Fort Sill, Oklahoma.  He was promoted to the rank of sergeant on 31 October 1968.

6.  On 1 April 1969, he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS).  His DD Form 214 issued at the time of his REFRAD shows that his DOB (block 9) is 4 July 1945 and that he was awarded the National Defense Service Medal, the Vietnam Service Medal with bronze service star, the Republic of Vietnam Campaign Medal, and the ARCOM.

7.  A review of the available records failed to show that the applicant was injured or wounded as a result of enemy action.  Additionally, the applicant’s name is not contained on the Vietnam Casualty Listing and there is no evidence to show that he was ever reported as a POW.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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 a medical officer, and the medical treatment must have been made a matter of official record.

9.  The DA Form 20 remained in effect until 1 January 1973 and it was replaced by the DA Form 2-1 Part II.  The DA Form 2-1 is also now obsolete and changes to those forms are no longer made as the stock of those forms are no longer available.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant claimed his DOB as being 3 July 1945 at the time of his induction.  However, his records were incorrectly prepared to reflect 4 July 1945.  Accordingly, his DD Form 214 should be corrected to reflect his DOB as 3 July 1945.

2.  While the sincerity of the applicant’s claim that he should have been awarded the Purple Heart is not in doubt, there simply is no evidence in the available records to show that he was treated for wounds or injuries that were the result of enemy action.  Therefore, in the absence of such evidence there is no basis to award him the Purple Heart at this time.

3.  The available records also fail to show that he was ever captured by the enemy or reported as a POW and in the absence of such evidence there is no basis to award him the POW medal.

4.  While the applicant’s desire to have his DA Form 20 corrected is understandable, corrections to that form are no longer made.  However, a copy of these proceedings will remain with his records to resolve any questions that may arise.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing on his DD Form 214 dated 1 April 1969 that his DOB is 3 July 1945. 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart, the POW Medal and corrections to his DA Form 20.  

3.  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 the United States during the Vietnam War.  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.



ABCMR Record of Proceedings (cont)                                         AR20100018965





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ABCMR Record of Proceedings (cont)                                         AR20100018965



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