BOARD DATE: 10 February 2011
DOCKET NUMBER: AR20100021223
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 award of the Purple Heart for a wound sustained in the Republic of Vietnam.
2. The applicant states he was awarded the Purple Heart after he was discharged.
3. The applicant provides copies of his DD Form 214, effective 3 June 1970; a Purple Heart award certificate, dated 11 December 1990; and a VA Form 21-6782 (Original Disability Compensation).
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. On 4 June 1968, the applicant was inducted into the Army of the United States. He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. On 3 June 1970, he was honorably released from active duty and transferred to the United States Army Reserve Control Group (Annual Training). He attained the rank/grade of sergeant (SGT)/E-5, and he completed 2 years of creditable active service.
4. His records are not available for the board to review; however, the DD Form 214 he was issued at the time of his discharge list his authorized awards as the National Defense Service Medal, Vietnam Service Medal, [Republic of] Vietnam Campaign Medal [with Device (1960)], Combat Infantryman Badge, and Sharpshooter Marksmanship Qualification Badge with Rifle (M14).
5. His name is not listed on the Vietnam Casualty Roster.
6. 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 for the Purple Heart pertaining to the applicant.
7. The applicant provides an award certificate, dated 11 December 1990, which awarded him the Purple Heart for wounds received in action on 18 March 1969 in the Republic of Vietnam. In addition, he provides a VA Form 21-6782 which shows he was granted 10 percent disability for "residuals, wounds, right wrist."
8. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show award of the Purple Heart.
2. There are no general orders that show the applicant was awarded the Purple Heart. The applicant's name is not listed on the Vietnam Casualty Roster. The certificate provided by the applicant is not sufficient evidence by itself upon which to base a correction of his records. Should he have, or be able to obtain, a copy of the orders awarding him the Purple Heart, or be able to provide other evidence to corroborate this award, he may submit another application for consideration.
3. There is no available evidence showing he was wounded as a result of enemy action or that he received medical treatment for any such wounds.
4. The Department of Veterans Affairs rating decision is silent with regard to how, where, or under what circumstances he acquired a wound to right wrist.
5. In view of the foregoing, his request should be denied.
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) AR20100021223
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ABCMR Record of Proceedings (cont) AR20100021223
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