IN THE CASE OF:
BOARD DATE: 14 September 2013
DOCKET NUMBER: AR20130002483
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 add his award of the Purple Heart.
2. The applicant states he was awarded the Purple Heart after he departed Vietnam and it was never added to his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and a DA Form 1577 (Authorization for Issuance of Awards).
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 18 January 1968 for a period of 3 years and training as a combat engineer. He completed basic training at Fort Polk, Louisiana, and advanced individual training at Fort Leonard Wood, Missouri, before being transferred to Germany on 18 June 1968. He departed Germany on 11 June 1969 for assignment to Vietnam.
3. He arrived in Vietnam on 23 July 1969 and was assigned to Company D, 35th Engineer Battalion, for duty as a combat construction specialist. On 3 October 1969, he was transferred to Company C, 14th Engineer Battalion, for duty as a heavy dump truck driver.
4. He departed Vietnam on 24 August 1970 and was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) as an overseas returnee that date. He completed 2 years, 7 months, and 7 days of active service. His DD Form 214 issued at the time of his REFRAD shows he was awarded or authorized the National Defense Service Medal, Army Good Conduct Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and Army Commendation Medal.
5. On 5 May 1989, the U.S. Army Reserve Personnel Center (ARPERCEN) issued a DA Form 1577 authorizing the issuance of medal sets to the applicant for the Purple Heart and the awards listed on his DD Form 214.
6. A review of the applicant's official records failed to show any orders awarding him the Purple Heart or any evidence to show he was wounded as a result of enemy action. Additionally, his name is not contained on the Vietnam casualty listing.
7. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify 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. Announcement in orders is required for award of the Purple Heart.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicant's claim that he was awarded the Purple Heart is not in doubt, there is insufficient evidence to show he qualifies for or was awarded the Purple Heart.
2. The applicant failed to show through the evidence of record and the evidence submitted with his application that he was, in fact, wounded as a result of enemy action or that orders were published awarding him the Purple Heart.
3. While the applicant provided a DA Form 1577 showing that ARPERCEN authorized the issuance of a Purple Heart, that in itself is not authorization to enter award of the Purple Heart in his official records.
4. Therefore, absent evidence to show he is entitled to award of the Purple Heart, there appears to be no basis to grant his request to enter the Purple Heart on 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 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) AR20130002483
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ABCMR Record of Proceedings (cont) AR20130002483
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