IN THE CASE OF:	  

		BOARD DATE:	       19 August 2008

		DOCKET NUMBER:  AR20080009975 


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 be added to his DD Form       214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 3 April 1970.

2.  The applicant states, “as shown on my Classification & Data 83-05-14.”

3.  The applicant provides his DD Form 214 for the period ending 3 April 1970.  He also stated that he provided “Sect II – Classification and Assignment Data”; however, only his DD Form 214 was attached to his application.

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 24 December 1964.  He was honorably discharged on 4 April 1966 and immediately reenlisted on 5 April 1966.

3.  The applicant arrived in Vietnam and was assigned to the 512th Transportation Company on 10 October 1968.  He departed Vietnam on              2 October 1969.

4.  The applicant’s name is not on the Vietnam Casualty Roster.  Item                40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show that he was wounded.  Item 41 (Awards and Decorations) does not show that he was awarded the Purple Heart.  

5.  There are no orders awarding the applicant the Purple Heart in his records.  His service medical records are not available.

6.  The applicant was released from active duty on 3 April 1970.  

7.  The applicant’s DD Form 214 for the period ending 3 April 1970 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.  

8.  The applicant later enlisted in the Army National Guard and is currently on the Retired List.

9.  Army Regulation 600-8-22 (Military Awards) states 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.  There is no evidence of record and the applicant provides none to show that he was awarded the Purple Heart or that he was wounded in action.  

2.  Regrettably, there is insufficient evidence on which to base adding the Purple Heart to the applicant’s DD Form for the period ending 3 April 1970.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xx____  ___xx___  ___xx___  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.




      _______ xxxx_______   ___
               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)                                         AR20080009975





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ABCMR Record of Proceedings (cont)                                         AR20080009975



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