IN THE CASE OF:
BOARD DATE: 24 April 2014
DOCKET NUMBER: AR20130015571
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Purple Heart.
2. The applicant states, in effect:
* His DD Form 214 does not show he was awarded the Purple Heart
* He is asking to have his Purple Heart recognized at the Department of Veterans Affairs
* He needs proof that his Purple Heart exists
* When he was at Letterman General Hospital, he signed a form stating he would accept an honorable discharge and a Purple Heart
* He has the medal they gave him for his uniform
* In all faith, he signed the form believing that the Army would keep their side of the bargain
* He never received his Purple Heart and it is not shown on his DD Form 214
3. The applicant provides:
* Self-authored Letter, dated 6 August 2013
* Superior Court of California, County of Riverside Decree Changing Name
* 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 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 inducted into the Army of the United States on 20 September 1967. He completed training as a light weapons infantryman.
3. After completing 1 year, 2 months, and 7 days of total active service, the applicant was honorably discharged due to physical disability.
4. His DD Form 214 does not show he had any foreign service. His DA Form 20 (Enlisted Qualification Record) does not show he was wounded in action and it does not show he had service in Vietnam. His name is not listed on the Vietnam Casualty Listing as a battle casualty.
5. 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 failed to reveal any orders awarding him the Purple Heart.
6. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 applicant's contentions have been noted. His supporting evidence has been considered.
2. There is no evidence in the available record, nor has the applicant provided any evidence showing he was wounded as a result of hostile action by enemy forces and was awarded the Purple Heart while he was in the Army.
3. According to the applicable regulation, the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.
4. He has failed to meet the criteria for award of the Purple Heart; therefore, it should not be added 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 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) AR20130015571
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130015571
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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