IN THE CASE OF:	  

		BOARD DATE:	  16 April 2015

		DOCKET NUMBER:  AR20140014772 


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 year of his date of birth (DOB) as 1949 instead of 1947 and award of the Purple Heart (PH).

2.  The applicant states:

* he declined awarded the PH at the time of the incident
* he feels that he earned the PH and would like to have it awarded to him for the wounds he received
* he was granted service-connected disability for his wounds
* he was knocked out cold, he woke up at the battalion aid station, and his wounds were stitched up
* his DOB is incorrectly listed on his DD Form 214 

3.  The applicant provides his DD Form 214, a letter from the Department of Veterans Affairs, his driver’s license, and a letter from the Anoka County Veteran Services Office, Minnesota. 

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 29 August 1966.  His record contains a DD Form 4 (Enlistment Record - Armed Forces of the United States) which lists the year of his DOB as 1949.

3.  His record contains a DD Form 398 (Statement of Personal History), a         DA Form 20 (Enlisted Qualification Record), and several other forms which list the year of his DOB as he requests.

4.  His DA Form 20 (Enlisted Qualification Record) does not list award of the PH nor does it show he was wounded.

5.  On 29 August 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve.  The DD Form 214 he was issued shows the year of his DOB as 1947.  His DD Form 214 also shows he was awarded or authorized the:

* National Defense Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal 
* Air Medal 
* Army Good Conduct Medal
* Combat Medical Badge
* Overseas Service Bar (2)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  There are no general orders in the available records which show he was awarded the PH.

7.  There are no medical records in his official military personnel file showing he sustained wounds as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.

8.  A review of the Republic of Vietnam Casualty Files does not show his name listed as a casualty.

9.  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 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 600-8-22 (Military Awards) provides, in pertinent part, that   the PH 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 a medical officer, and the medical treatment must have been made a matter of official record.

11.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the year of his DOB as 1949 instead of 1947.

2.  His service documents show the year of his DOB as 1949 and he has provided a driver’s license which supports this year of birth.  It appears a typographical error occurred.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show his DOB as it is listed on his driver's license.

3.  The applicant's contention that he was wounded was considered.  However, given the lack of corroborating evidence to show he received medical treatment and that the treatment was made a matter of official record, the statement alone is insufficient to warrant award of the PH.

4.  In view of the foregoing, there is an insufficient evidentiary basis for granting his request for award of the PH.








BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show his DOB as reflected on his driver’s license.

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the PH.




      __________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)                                         AR20140014772



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ABCMR Record of Proceedings (cont)                                         AR20140014772



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