IN THE CASE OF:
BOARD DATE: 21 October 2014
DOCKET NUMBER: AR20140005098
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 that the Purple Heart (PH) be removed from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states his military records at the National Personnel Records Center contain no orders awarding him the PH.
3. He provides his 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. On 22 January 1964, the applicant was inducted into the Army of the United States. After completing initial entry training, he was awarded military occupational specialty (MOS) 310 (Field Communications Crewman converted to MOS 31A).
3. He arrived in Vietnam on 10 October 1965, and he departed on 20 January 1966.
4. His DA Form 24 (Service Record) shows in:
* Section 8 (Wounds Received Through Enemy Action) no entries indicating he was wounded in action
* Section 9 (Medals, Decorations, and Citations) an entry for the PH with the authority listed as Army Regulation 672-5-1 (Decorations and Awards)
5. On 21 January 1966, he was honorably released from active duty after completing 2 years of active duty service. The PH is among the awards listed in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214.
6. His Official Military Personnel File (OMPF) does not contain orders awarding him the PH.
7. His service medical records are not available for review.
8. His name does not appear on the Vietnam casualty listing compiled by The Adjutant General's Office, Casualty Division.
9. 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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the PH pertaining to the applicant.
10. Army Regulation 635-5 (Separation Documents), in effect at the time, provided instructions for the preparation of DD Form 214. It stated for item 26 to enter decorations awarded or authorized during the period covered by the DD Form 214 from Section 9 of the DA Form 24, omitting authorities cited therein.
11. Army Regulation 600-8-22 (Military Awards) states the PH 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. Award of the PH is announced in orders.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not support the applicant's request to remove the PH from his DD Form 214. The regulation governing the preparation of the DD Form 214 required entry of decorations awarded or authorized from Section 9 of the DA Form 24, and the PH was entered on his DD Form 214 in accordance with that regulation.
2. The absence of PH orders is noted; however, this absence alone is an insufficient reason for removing the PH from his DD Form 214. It is relatively common for a Vietnam-era award to appear on a DD Form 214 while the orders that authorized the award are not filed in the OMPF. In such cases, it is normally presumed that orders provided the basis for entering the award in the Soldier's record, even if the orders were not properly filed.
3. In light of the available evidence, it would be premature to remove the PH from the applicant's DD Form 214 without a statement from him confirming that he was not wounded as a result of hostile action during his service in Vietnam.
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) AR20140005098
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ABCMR Record of Proceedings (cont) AR20140005098
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