IN THE CASE OF:
BOARD DATE: 29 November 2011
DOCKET NUMBER: AR20110011167
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 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he received the Purple Heart and correcting his DD Form 214 will help him obtain benefits from the Department of Veterans Affairs.
3. The applicant provides:
* Orders for the Purple Heart
* DD Form 214
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's enlistment record shows the last three digits of his service number are "193." He enlisted in the Regular Army on 14 June 1965 for a period of 3 years. His DA Form 20 (Enlisted Qualification Record) shows he served as a light weapons infantryman assigned to Troop B, 3rd Squadron, 4th Cavalry in Vietnam from 24 February 1966 to 19 February 1967. It also shows he was promoted to specialist four on 16 December 1966. On 13 June 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) 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. He provided a copy of Headquarters, 173d Airborne Brigade (Separate) General Orders Number 569, dated 23 November 1966, which show an individual with the same first and last names, who held the rank of specialist four, received the Purple Heart for wounds received in action on 20 November 1966 in Vietnam. However, the last three digits of the service number shown on these orders are "609" and the unit of assignment is Company A, 2nd Battalion (Airborne), 503rd Infantry.
5. Item 41 (Awards and Decorations) of his DA Form 20 does not show the Purple Heart and item 40 (Wounds) of his DA Form 20 is blank. His name and service number does not appear on the Vietnam casualty roster.
6. On 9 May 1968, he underwent a separation physical examination which makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam.
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 U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
8. 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 military personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
He contends he received the Purple Heart and he provided orders for the Purple Heart. However, the applicant's service number and unit of assignment in Vietnam are not shown on these orders. The preponderance of evidence in this case shows the applicant was not wounded as a result of hostile action in Vietnam. Therefore, there is insufficient evidence on which 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) AR20110011167
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110011167
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