IN THE CASE OF:
BOARD DATE: 16 January 2014
DOCKET NUMBER: AR20130009353
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 the Purple Heart and that this award be issued to him.
2. The applicant states he did not receive the Purple Heart before he separated from active duty in 1969. Over the years, he has made numerous requests to receive his records and he finally received them last month. He was not aware that he had been awarded the Purple Heart.
3. The applicant provides his DD Form 214 and DA Form 20 (Enlisted Qualification Record).
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 2 March 1967 and he held military occupational specialty 67A (Aircraft Maintenance Apprentice). He served in Vietnam from 29 January 1968 to 30 September 1969 while assigned to the 170th Aviation Company. He attained the rank of specialist four (SP4) on 6 May 1968. His first name was James and the first three digits of his social security number (SSN) were 366.
3. The applicant provides and his records contain his DA Form 20 wherein item 41 (Awards and Decorations) shows award of the Purple Heart on 9 August 1969 by General Orders (GO) Number 46, issued by Headquarters (HQ), 17th Aviation Group (Combat).
4. His records contain GO Number 46, dated 9 August 1969, issued by HQ, 17th Aviation Group (Combat), awarding the Purple Heart for wounds received in action on 22 January 1969 to a Soldier assigned to the 170th Aviation Company with the same last name as the applicant. However, this Soldier's first name was Herbert, his rank was Warrant Officer One (WO1), and the first three digits of his SSN were 243.
5. The applicant was honorably released from active duty on 1 October 1969 and he was transferred to the U.S. Army Reserve. He completed 2 years and 7 months of creditable active service.
6. The DD Form 214 he was issued does not show the Purple Heart. Item 40 (Wounds) of his DA Form 20 is blank and his records are void of orders awarding him the Purple Heart.
7. A review of the Adjutant General's Casualty Division's Vietnam casualty listing failed to show his name as a casualty.
8. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Purple Heart pertaining to the applicant.
9. 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 medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The criteria for award of the Purple Heart requires the submission of substantiating evidence to verify that a Soldier received a wound/injury as a result of hostile action, the wound/injury required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.
2. Although the applicant's DA Form 20 contains an entry that shows GO awarded him the Purple Heart this is clearly an administrative error; GO awarded another Soldier in his unit the Purple Heart and that Soldier had the same last name as the applicant. It appears the GO were accidently filed in the applicant's record and an erroneous annotation was made to the applicant's DA Form 20 at the same time.
3. The applicant 's record is void of evidence and he has not provided any evidence that shows he was wounded or injured as a result of hostile action, that he was treated for such wounds by medical personnel, and that his treatment was made a matter of official record. His name is not listed on the Vietnam casualty roster and his DA Form 20 does not indicate he received a combat-related wound.
4. In the absence of conclusive evidence that shows he was wounded as a result of hostile action and treated for those wounds, regrettably, there is an insufficient evidentiary basis upon which to award the applicant the Purple Heart in this case.
5. Nevertheless, this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20130009353
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ABCMR Record of Proceedings (cont) AR20130009353
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