IN THE CASE OF:
BOARD DATE: 7 April 2011
DOCKET NUMBER: AR20100022845
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 the Purple Heart be added to his DD Form 214 (Report of Transfer or Discharge).
2. The applicant states:
* The Purple Heart was awarded on 5 April 1967 for wounds received in action on 26 July 1966
* The Purple Heart is not listed on his DD Form 214
* He is rated 10 percent for his gunshot wound to his left ankle
3. The applicant provides an award certificate for the Purple Heart 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 was inducted into the Army of the United States on
17 November 1965. He served as a light vehicle driver in the Dominican Republic from 3 April 1966 to 18 August 1966. On 16 November 1967, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Purple Heart as an authorized award.
4. There are no orders for the Purple Heart in his service personnel records.
5. Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show the Purple Heart and item 40 (Wounds) of his DA Form 20 is blank.
6. On 21 August 1967, he underwent a separation physical examination. In completing his Standard Form 89 (Report of Medical History) he indicated he sustained a gunshot wound to his left leg while in the Dominican Republic in 1966. His Standard Form 88 (Report of Medical Examination) contains an entry, "There has been no change in my physical condition since my last final the medical examination on 1-6 with the following exceptions": The word "None" is then handwritten in and the word "gunshot wound" is lined out.
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 for the Purple Heart pertaining to the applicant.
8. In support of his claim, the applicant provided an award certificate, dated
5 April 1967, for the Purple Heart for wounds received in action on 26 July 1966 in the Dominican Republic.
9. 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 medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. He indicated on the Standard Form 89 that he sustained a gunshot wound in the Dominican Republic and he provided a Purple Heart certificate. However, the Standard Form 89 does not indicate how he received that gunshot wound and his Standard Form 88 has the entry "gunshot wound" deleted and the entry "None" indicated instead.
2. There are no orders for the Purple Heart in the available records. In view of the conflicting entries on his separation physical and in the absence of orders or other evidence of record showing he was injured or treated for wounds as a result of hostile action, the award certificate provided by the applicant is not sufficient as a basis for amending his DD Form 214 to show award of the Purple Heart.
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) AR20100022845
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ABCMR Record of Proceedings (cont) AR20100022845
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