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 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 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
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ABCMR Record of Proceedings (cont) AR20100028303
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