BOARD DATE: 7 February 2012
DOCKET NUMBER: AR20110015822
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 needs the Purple Heart entered on his DD Form 214 to support his claim for combat-related special compensation.
3. The applicant provides copies of his DD Form 214 and a certified true copy of a Purple Heart medal from the Department of Veterans Affairs.
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 was a retired U.S. Army Reserve first sergeant at the time of his application.
3. On 3 February 1970, the applicant was inducted into the Army of the United States. He completed his initial training and was awarded military occupational specialty 11D (Armor Reconnaissance Specialist).
4. The applicant's DA Form 20 (Enlisted Qualification Record) and his service medical records are not available for review.
5. The applicant's DA Form 2-1 (Personnel Qualification Record Part II) indicates he served in the Republic of Vietnam (RVN) during the following two campaigns:
* Vietnam Counteroffensive Phase VII
* Consolidation I
6. On 6 October 1971, the applicant was released from active duty. He attained the rank of specialist four/pay grade E-4 and completed 1 year, 8 months, and 4 days of creditable active duty.
7. The applicant's DD Form 214 for the period ending 6 October 1971 reports:
a. in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), his awards as:
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16)
* Vietnam Service Medal
* Bronze Star Medal
* RVN Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Army Good Conduct Medal
b. in item 30 (Remarks), his service in Vietnam from 12 July 1970 to 9 July 1971.
8. The applicant's name is not listed on the Vietnam casualty roster.
9. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Purple Heart. ADCARS is 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.
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 United States. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required medical treatment, and the medical treatment must have been made a matter of official record.
11. The copy of the Purple Heart medal provided by the applicant does not show any evidence that this medal was awarded to him.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart.
2. There are no available general orders showing the applicant was awarded the Purple Heart. The applicant's name is not listed on the Vietnam casualty roster.
3. The evidence provided by the applicant clearly shows he served in the RVN. However, the photocopy he sent of a Purple Heart medal does not provide any evidence that such was awarded to him.
4. In view of the above, the applicant's request should be denied.
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) AR20110015822
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ABCMR Record of Proceedings (cont) AR20110015822
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