IN THE CASE OF:
BOARD DATE: 17 May 2011
DOCKET NUMBER: AR20100027906
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, in effect, award of two Purple Hearts and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he earned two Purple Hearts.
2. The applicant states that if he earned them, they should be reflected on his DD Form 214.
3. The applicant provides copies of his DD Form 214 and pages 3 and 4 of his DA Form 20 (Enlisted Qualification Record).
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 8 November 1967. He completed training as a field wireman in military occupational specialty 36K and basic airborne training.
3. He was stationed in Vietnam from 20 December 1968 to 10 October 1969 where he was convicted by a summary court-martial on 8 July 1969 of willfully disobeying a lawful order and threatening a sergeant first class. On 19 September 1969, he was convicted by a general court-martial of attempted murder by shooting at a sergeant first class, assaulting and using disrespectful language toward a sergeant, and assaulting a first sergeant. He was sentenced to confinement at hard labor for 5 years and a dishonorable discharge.
4. Item 41 (Awards and Decorations) of his DA Form 20 shows his awards as the Parachutist Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Meritorious Unit Commendation, Expert Marksmanship Qualification Badge with Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
5. The dishonorable discharge was executed on 8 March 1972. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 states, "None."
6. The applicant appealed to the Board to upgrade his dishonorable discharge on several occasions. However, he never before mentioned being wounded or awarded one or more Purple Hearts.
7. 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. There is no available evidence that the applicant was ever treated for a wound sustained in action against an enemy or as a result of hostile action.
2. In view of the foregoing there is no basis for granting the applicant's requested relief.
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 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) AR20100025804
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100027906
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