IN THE CASE OF:	  

		BOARD DATE:	    24 March 2011

		DOCKET NUMBER:  AR20100022870 


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 retirement DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and that he reenlisted in August 1969.  

2.  He states he:

* was in the hospital at the 25th Infantry Division in Cu Chi, Vietnam in August 1969
* was awarded a Purple Heart for shrapnel wounds caused by a rocket attack
* reenlisted in August 1969, but it’s not reflected on his DD Form 214

3.  He provides no additional documents.  

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 enlisted in the Regular Army on 25 May 1949 and he was honorably discharged on 25 September 1952.  He was issued a DD Form 214 which covers this period of service.  

3.  He enlisted in the U.S. Army Reserve (USAR) on 19 April 1954.  He was ordered to active duty for training (ADT) on 25 July 1954 and he was released from ADT on 8 August 1954.  He continued to serve in the USAR until 11 July 1955.  

4.  He enlisted in the Regular Army again on 12 July 1955 and he was honorably discharged on 18 August 1957 for immediate reenlistment.  His service record does not contain a DD Form 214 for this period of service, but he was issued a Certification of Military Service.  

5.  On 19 August 1957, he reenlisted and he was honorably discharged on 
18 August 1963 for immediate reenlistment.  He was issued a DD Form 214 which covers this period of service.  

6.  He reenlisted on 19 August 1963.  His DA Form 20 (Enlisted Qualification Record) shows in:

* Item 31 (Foreign Service) – he served in Vietnam from 30 September 1965 to 29 September 1966 and 5 November 1968 to 4 November 1969
* Item 38 (Record of Assignments) – does not show he was hospitalized in a “patient” status at any time
* Item 40 (Wounds) – no entries 
* Item 41 (Awards and Decorations) – does not list the Purple Heart

7.  His service record does not contain any orders which show he was awarded the Purple Heart or medical documentation which shows he was wounded as a result of hostile action in Vietnam.  The Vietnam Casualty Roster does not list his name.  

8.  He was honorably discharged on 18 August 1969.  He was issued a DD Form 214 which covers this period of service.  This form does not show award of the Purple Heart.  

9.  While in Vietnam, he reenlisted on 19 August 1969 for a period of 3 years.  He continued to serve until he retired from active duty on 30 April 1972.  His retirement DD Form 214 does not show award of the Purple Heart.  
10.  Item 17c (Date of Entry) of his retirement DD Form 214 shows he reenlisted on 19 August 1969.

11.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 orders for the Purple Heart pertaining to the applicant.  

12.  Army Regulation 600-8-22 (Military Awards) provides 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.  

13.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  The version in effect at the time stated that a DD Form 214 will not be prepared to cover a period of service for which a previous DD Form 214 has been issued.  Prior to 1 October 1979, a DD Form 214 was prepared when a Soldier was discharged for the purpose of immediate reenlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions that he was hospitalized at the 25th Infantry Division in Cu Chi, Vietnam in August 1969 and he was awarded a Purple Heart for shrapnel wounds caused by a rocket attack are acknowledged.  However, his service record does not contain any evidence to support his claims.  

2.  His service record does not contain any orders which authorized him award of the Purple Heart or evidence to show he was wounded in August 1969.  In addition, his name is not listed on the Vietnam Casualty Roster.  In the absence of evidence of record which shows he was wounded or injured as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.

3.  His contention that he reenlisted in August 1969, but it’s not reflected on his DD Form 214, is acknowledged.  However, the evidence of record does not indicate an error exists regarding his reenlistment date.   

4.  The evidence of record shows he reenlisted on 19 August 1957, 19 August 1963, and 19 August 1969 and he served on active duty until he retired on 
30 April 1972.  

5.  By Army Regulation 635-5, in effect at the time, a DD Form 214 was prepared when a Soldier was discharged for the purpose of immediate reenlistment.  He was issued a DD Form 214 which properly shows he reenlisted on 19 August 1969.  Therefore, there is no error on that 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)                                         AR20100022870



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ABCMR Record of Proceedings (cont)                                         AR20100022870



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