Search Decisions

Decision Text

ARMY | BCMR | CY2010 | 20100028303
Original file (20100028303.txt) Auto-classification: Denied

		 

		BOARD DATE:	  2 June 2011

		DOCKET NUMBER:  AR20100028303 


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.

2.  The applicant states he was awarded the Purple Heart in April 1968.

3.  The applicant provides a copy of his DD Form 214, a DA Form 66 (Officer Qualification Record), and a Biographical Sketch - Reserve Component Officer, dated 12 December 1974.

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 accepted an appointment as a second lieutenant (Armor Branch) in the United States Army Reserve (USAR) on 28 May 1966.  He was ordered to active duty on 8 January 1967.

3.  He was assigned to both Headquarters and Headquarters Troop and to Troop B, with the 3rd Squadron, 5th Cavalry, 9th Infantry during his tour of duty in the Republic of Vietnam from 16 November 1967 to 10 October 1968.  He performed duty as a Platoon Leader and the Adjutant. 

4.  On 21 October 1968, he was released from active duty and transferred to the USAR Control Group (Annual Training).  He completed 1 year, 9 months, and 
14 days of creditable active duty service during the period under review.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Two Overseas Service Bars, and Bronze Star Medal.

6.  Item 21 (Awards and Decorations) of his DA Form 66 shows General Orders Number 9091, Headquarters, 9th Infantry Division, dated 25 April 1968, awarded him the Purple Heart.

7.  His name is not listed on the Vietnam Casualty Roster.

8.  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, shows General Orders Number 9091, dated 22 September 1968, awarded the Army Commendation Medal for Heroism to another individual.  There are no orders awarding the applicant the Purple Heart.

9.  The applicant provides a biographical sketch, dated 12 December 1974, which lists the Purple Heart as one of his awards.

10.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was awarded the Purple Heart in April 1968.

2.  His DA Form 66 shows Headquarters, 9th Infantry Division, General Orders Number 9091, awarded him the Purple Heart on 25 April 1968; however, the official awards database shows this order number awarded the Army Commendation Medal for Heroism to a different individual.  His name is not listed on the Vietnam Casualty Roster and there is no medical evidence documenting an injury; therefore, the Purple Heart entry cannot be corroborated. 

3.  Lacking evidence to the contrary, it appears there was an administrative error in recording the Purple Heart information on his DA Form 66; thus, there is insufficient evidence to add the Purple Heart to his 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)                                         AR20100028303





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100028303



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2008 | 20080002722

    Original file (20080002722.txt) Auto-classification: Approved

    His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, and the Republic of Vietnam Campaign Medal with Device (1960). Although there is no evidence of record to show the applicant was awarded the Combat Infantryman Badge, the criteria for award of this badge does not include a minimum time frame. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....

  • ARMY | BCMR | CY2014 | 20140010976

    Original file (20140010976.txt) Auto-classification: Denied

    The applicant requests, in effect: a. the following awards and their addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); * Silver Star * Bronze Star Medal with V Device * Purple Heart * Air Medal * Combat Infantryman Badge b. and that he be provided a DD Form 215 (Correction to DD Form 214). He is submitting evidence/documents from his former chain of command and platoon members for the recommendations and testimony for him to be awarded the...

  • ARMY | BCMR | CY2007 | 20070004167

    Original file (20070004167.txt) Auto-classification: Approved

    The applicant states he received two awards of the Purple Heart for injuries sustained on 11 May 1968 and again for injuries on 4 October 1968 in the Republic of Vietnam, but his DD 214 (Armed Forces of the United States Report of Transfer or Discharge) does not reflect the Purple Heart awards or the Combat Infantryman Badge. The applicant's military personnel record contains general orders, which authorized him two awards of the Purple Heart for wounds sustained while engaged in military...

  • ARMY | BCMR | CY2009 | 20090010817

    Original file (20090010817.txt) Auto-classification: Approved

    His DD Form 214 shows one award of the Air Medal as an authorized award and orders show he received one award of the Air Medal. The applicant participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the first award of the Good Conduct Medal for the period 21 May...

  • ARMY | BCMR | CY2009 | 20090020046

    Original file (20090020046.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show three awards of the Purple Heart and one award of the Army Commendation Medal. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to the 2nd Battalion, 4th Artillery, 9th Infantry Division, this unit was cited for the following four awards: * Valorous Unit Award for...

  • ARMY | BCMR | CY2008 | 20080011532

    Original file (20080011532.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). Headquarters, 9th Infantry Division General Orders Number 6435, dated 6 August 1968, show the applicant was awarded the Army Commendation Medal with “V” Device for action on 2 July 1968. There are no medical records in the applicant’s military personnel file to show he sustained wounds as a result of hostile action or to show he was treated for wounds as a result of hostile action.

  • ARMY | BCMR | CY2010 | 20100015550

    Original file (20100015550.txt) Auto-classification: Denied

    General Orders Number 152, published by Headquarters, 9th Evacuation Hospital, dated 28 May 1968, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force in the RVN on 25 May 1968. There is no evidence in the available records and the applicant has failed to provide any evidence showing he was wounded a third time during a different incident or that his additional wound was treated by medical personnel and made a matter of...

  • ARMY | BCMR | CY2010 | 20100030237

    Original file (20100030237.txt) Auto-classification: Approved

    His DA Form 66 (Officer Qualification Record) shows in: * item 1 (Name and Service Number) the service number O5 XXX XXX and the social security number (SSN) XXX-X6-XXXX * item 17 (Foreign Service) he was credited with service in Vietnam from 11 February through 6 December 1968 * item 18 (Record of Assignments) he was assigned for duty in Vietnam with the following 9th Infantry Division units: * Headquarters and Headquarters Company (HHC), 2d Battalion, 39th Infantry, from 18 February to 6...

  • ARMY | BCMR | CY2010 | 20100000425

    Original file (20100000425.txt) Auto-classification: Approved

    Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualifying period of active duty enlisted service. The document provided clearly identifies the applicant and shows he was treated for a shrapnel wound that he received from a booby trap on 12 July 1968. c. Despite the absence of any additional evidence in the applicant's military personnel records, it is concluded that the available...

  • ARMY | BCMR | CY2010 | 20100009098

    Original file (20100009098.txt) Auto-classification: Approved

    The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service) that he served in the Republic of Vietnam from 20 April 1969 through 8 June 1970; b. item 38 (Record of Assignments) that he served in: (1) duty MOS 11B while assigned to Company A, 4th Battalion, 39th Infantry, 9th Infantry Division, from 30 April through 8 May 1969; (2) duty MOS 11B while assigned to Company D, 4th Battalion, 39th Infantry, 9th Infantry Division, from 9 May through 14 July...