APPLICANT REQUESTS: That he be awarded the Purple Heart for wounds received in Vietnam. He states that he was never recommended for the Purple Heart because his leadership had more pressing problems so his case was set aside for a later time and then apparently forgotten.
PURPOSE: To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army for 3 years on 3 July 1968 and was honorably discharged in pay grade E-5 on 24 June 1971 after 2 years, 11 months and 22 days of service. During his term of service he served two overseas tours, the first was in Germany for 19 months
and the second tour was in Vietnam for 12 months.
His significant military awards include the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.
The applicantÂ’s medical records show that on 29 August 1970 while in Vietnam he received treatment to the back of the upper right arm after being accidentally hit by an M-79 round (gernade launcher). The record contains no other facts or circumstances concerning the wound other than to record that follow-up treatment was accomplished.
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 a medical officer, and the medical treatment must have been made a matter of official record.
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. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.
DISCUSSION: The alleged error or injustice was, or with reasonable diligence should have been discovered on 24 June 1971, the date of discharge. The time for the applicant to file a request for correction of any error or injustice expired on 24 June 1974.
The application is dated 27 September 1992 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.
DETERMINATION: The subject application was not submitted within the time required. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.
BOARD VOTE:
EXCUSE FAILURE TO TIMELY FILE
GRANT FORMAL HEARING
CONCUR WITH DETERMINATION
David R. Kinneer
Executive Secretary
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The applicant requests that his records be corrected to reflect two awards of the Purple Heart and a Bronze Star Medal. There is no medical evidence which confirms that the applicant was wounded as a result of hostile action during either of his tours of duty in Vietnam. Unfortunately, there is no medical evidence which confirms that the applicant was wounded as a result of hostile action during either of his tours of duty in Vietnam.
ARMY | BCMR | CY2004 | 20040009954C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 June 2005 DOCKET NUMBER: AR20040009954 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of his records to show award of the Purple Heart. There also is no evidence in his service personnel records that shows that he was wounded or treated for wounds as a result of hostile...
ARMY | BCMR | CY2008 | 20080016751
Therefore, there is sufficient evidence to show that he is entitled to award of the Purple Heart and correction of his records to show this award. Evidence of record shows the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Purple Heart for wounds received in action on 16 July 1971 in the Republic of Vietnam; and b. adding award of the Purple...
ARMY | BCMR | CY2010 | 20100012358
The applicant requests correction of his records to show he was awarded the Purple Heart. Item 17 (Foreign Service) of his DA Form 66 (Officer Qualification Record) shows he served a tour of duty in the Republic of Vietnam from 21 June 1970 through 15 May 1971. Absent evidence which conclusively shows the applicant sustained wounds or injuries as a result of hostile action or as a result of "friendly fire" in the "heat of battle," that he was treated by medical personnel for those wounds...
ARMY | BCMR | CY2004 | 040006840C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 JUNE 2005 DOCKET NUMBER: AR20040006840 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. There is no medical evidence, and the applicant has not provided any, which confirms that he was wounded as a result of hostile action while in Vietnam and as such, there is no basis for an award of the Purple Heart. ...
ARMY | BCMR | CY2008 | 20080014033
Item 24 of the applicant's DD Form 214, dated 20 June 1972, does not show award of the Purple Heart. There are no general orders in the applicant's records that show he was awarded the Purple Heart. DISCUSSION AND CONCLUSIONS: There are no general orders that show the applicant was awarded the Purple Heart; there is no evidence in his service personnel records that shows he was wounded or injured as a result of hostile action or treated for such wounds; and the applicant's name is not...
ARMY | BCMR | CY2004 | 20040009506C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 May 2005 DOCKET NUMBER: AR20040009506 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requested correction of his records to show award of the Bronze Star Medal. This document shows that, at the time of the applicant’s assignment to the 300th Military Police Company it was awarded the...
ARMY | BCMR | CY2010 | 20100012405
Application for correction of military records (with supporting documents provided, if any). Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the Vietnam Service Medal; b. awarding him the Purple Heart for wounds...
ARMY | BCMR | CY2008 | 20080005265
CONSIDERATION OF EVIDENCE: 1. The applicant essentially requested that he be awarded the Purple Heart with First Oak Leaf Cluster, and provided a Clinical Record Cover Sheet which essentially shows that he was treated for a dislocated shoulder on 1 June 1971 which he sustained when he jumped from a helicopter while closing in on a landing zone. A check of the Vietnam Casualty Roster shows that there is only one entry showing that the applicant was wounded in action, that being on 3 July...
ARMY | BCMR | CY2008 | 20080019252
The applicant requests correction of his military service records to show award of the Purple Heart. There are no orders in the applicant's military personnel service record awarding him the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting the applicant's DD Form 214 with a separation date of 28 October 1971 to add the following awards: a. the Purple Heart for wounds received in action on 17 July...