Search Decisions

Decision Text

ARMY | BCMR | CY1995 | 9511013C070209
Original file (9511013C070209.TXT) Auto-classification: Approved
2.  The applicant requests correction of his records to reflect that he was awarded the Purple Heart for injuries suffered in Vietnam.

3.  He states that he was wounded in the left side, thigh and eye in April or May 1971 while in combat in Vietnam but never received the Purple Heart for this injuries.

4.  His military records show that he enlisted for 2 years on 21 April 1970 and served a 1 year tour in Vietnam.  He was honorably discharged upon completion of his term of service on 12 January 1972 in pay grade E-4.

5.  His American awards include the Bronze Star Medal with “V” device, the Air Medal, the Army Commendation Medal, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal and the Combat Infantryman Badge.

6.  Medical records reflect that on 10 February 1971, he suffered fragmentation wounds from an exploding grenade round to the left chest and pubis areas.  His enlisted qualification record, in item 40, wounds, also shows that he was wounded in the chest and scrotum on 10 February 1971.

7.  Army Regulation 600-8-22, Military Awards, provides in pertinent part, that the Purple Heart is awarded for a wound sustained as the 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.

8.  Army Regulation 600-200, Preparation and Maintenance of the Enlisted Qualification Record, provides in pertinent part, that item 40 (wounds) of the personnel qualification record will contain a brief description of wounds or injuries requiring medical treatment, received through hostile or enemy action, including those requiring hospitalization.  The entry will also contain the date wounded or injured.

CONCLUSIONS:

1.  While the evidence of record shows that the applicant was a combat casualty as the result of shrapnel wounds, it does not specifically show that the wounds were the result of enemy action.

2.  Notwithstanding the foregoing, when considering the nature of the wound and the circumstances under which it was inflicted, and the other significant awards he received for his actions in combat, it would be reasonable to presume that his injuries were the result of action with the enemy.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Purple Heart for injuries sustained on 10 February 1971 as a result of hostile action in Vietnam.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090020481

    Original file (20090020481.txt) Auto-classification: Denied

    The applicant further states that the Board stated his name did not appear on the Vietnam Casualty List and used this to support the decision to deny his application. In support of his request for reconsideration, the applicant provides copies of his Enlisted Disability Retirement Orders, a prescription from his medical doctor, and a letter from NARA. The available evidence contains no orders, or other documents confirming the injuries the applicant received to his chest and hand were...

  • ARMY | BCMR | CY2010 | 20100007331

    Original file (20100007331.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). A copy of a DA Form 2658, dated on various dates through his military service, shows he received medical services at the 4th Battalion, 503rd Infantry aid station on 29 August 1969. b. His record is void of any orders that show he was awarded the Purple Heart, his name is not shown on the Vietnam casualty roster, his DA Form 20 does not indicate any combat wounds, his available medical records do...

  • ARMY | BCMR | CY2014 | 20140017773

    Original file (20140017773.txt) Auto-classification: Denied

    Personnel wounded as a result of non-hostile action who are not placed on hospital's very seriously injured lists are not reported as casualties in accordance with current regulations. 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. There is no available evidence and he did not provide sufficient evidence...

  • ARMY | BCMR | CY1996 | 9607908C070209

    Original file (9607908C070209.txt) Auto-classification: Approved

    The applicant requests correction of his records to reflect that he was awarded the Purple Heart for injuries suffered in Vietnam. Army Regulation 600-8-22, Military Awards, provides in pertinent part, that the Purple Heart is awarded for a wound sustained as the result of hostile action. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Purple Heart for injuries sustained on 18 December 1967...

  • ARMY | BCMR | CY2010 | 20100008706

    Original file (20100008706.txt) Auto-classification: Denied

    Item 38 (Record of Assignment) of his DA Form 20 (Enlisted Qualification Record) shows he departed Vietnam on 25 May 1971 in a patient status en route to the Military Holding Company, Martin Army Hospital, Fort Benning, GA. Regrettably, in the absence of orders awarding him the Purple Heart or other evidence to show the injuries he received were the result of enemy action, there is an insufficient basis on which to add the Purple Heart to the applicant's DD Form 214. ...

  • ARMY | BCMR | CY2011 | 20110017879

    Original file (20110017879.txt) Auto-classification: Denied

    The applicant's service record is void of any orders that show he was awarded the Purple Heart or that he was wounded or injured as a result of combat. The VA letter he provides states that he was awarded service-connected disability compensation for a scar to the left chest; however, this document does not prove he suffered a combat injury as a result of hostile action or that he required or received treatment for it. Notwithstanding the applicant's contention and sincerity, in the...

  • ARMY | BCMR | CY2010 | 20100030424

    Original file (20100030424.txt) Auto-classification: Approved

    Army Regulation 600-8-22 states the VSM is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Therefore, it would be appropriate award him the Purple Heart for wounds sustained as a result of hostile actions in Vietnam on 18 July 1967 and correction of his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...

  • ARMY | BCMR | CY2011 | 20110014610

    Original file (20110014610.txt) Auto-classification: Denied

    The applicant states: * he served on active duty in the U.S. Army from 3 April 1969 through 2 April 1971 * on 2 February 1970, he incurred and was later diagnosed with residual shell fragment wound, left leg, left foot, left side, and right thigh * his wounds were the result of a fragmentation hand grenade exploding also injuring another Soldier * he received medical treatment at the local medical hospital and he was presented the Purple Heart by a captain assigned to the...

  • ARMY | BCMR | CY2009 | 20090021213

    Original file (20090021213.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Additionally, item 38 (Record of Assignments) of the applicant's DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal for the period of 9 April 1969 through 8 April 1971; and b....

  • ARMY | BCMR | CY2015 | 20150004493

    Original file (20150004493.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 2 June 2015 DOCKET NUMBER: AR20150004493 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides * self-authored statement * Standard Form (SF) 601 (Immunization Record) * page 4 of his DA Form 20 (Enlisted Qualification Record) * DD Form 214 * letter, dated 3 April 2015, to the applicant from the Army Review Boards Agency * letter, dated 23 April 2015, to the applicant from the Department of Veterans Affairs (VA) with enclosure (Patient Inquiry) *...