APPLICANT REQUESTS: That his DD Form 214, Report of Transfer or Discharge, be corrected to show that he received the Purple Heart.
APPLICANT STATES: That he was wounded in Vietnam in August of 1970 and the Purple Heart was never recorded on his DD Form 214 when he was released from active duty.
EVIDENCE OF RECORD: The applicant's military records show:
He was inducted on 12 August 1969 and served 1 year in Vietnam as a light weapons infantryman. He was honorably discharged upon expiration of his term of service on 11 August 1971 in pay grade E-4.
His awards include the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman Badge and the Sharpshooter Badge with rifle bar.
The applicants enlisted qualification record contains no entries under the item entitled wounds. His medical records show that he was treated while in Vietnam for a laceration to the left knee sustained as the result of a fall, as recorded by the physician who examined him at the time. The medical record also shows that approximately 5 months after leaving Vietnam, in May 1971, he was evaluated for pain, numbness and swelling of the right elbow. The consulting physicians medical history, based on the applicants statement, indicates that the injury resulted from shrapnel. The report reflects, however, that the applicant stated that he received no medical attention at the time of the injury.
The applicants separation physical examination reflects that he was found qualified for separation with no disqualifying defects. It records that the applicant suffered an injury to the left knee but makes no mention of an injury to the elbow. There is no elaboration on the circumstances of either injury.
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.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The record does not reflect that the applicant was wounded as the result of hostile action and that the wound or wounds were recorded in his medical record at the time they occurred.
2. The record does show that on separate occasions he suffered an injury to the left knee and to the right elbow. The injury to the knee was recorded by the treating physician as the result of a fall. The elbow injury was apparently not reported by the applicant until some months after it occurred, and then, he admitted that it was not treated when it happened.
3. The evidence of record does not support that the applicant sustained wounds as a result of hostile action.
4. In view of the foregoing, there appears to be no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
ARMY | BCMR | CY2004 | 2004104598C070208
The medical reports that the applicant submits with his request show that he was being treated for problems with his left knee. On one report, his physician indicated that the applicant had stated that he had a history of shrapnel wounds in the left hand, and had previous shrapnel wounds to his tibia. The applicant's statement that he was immediately evacuated to Japan, thus orders were never issued for award of the Purple Heart, is not consistent with the evidence of record.
ARMY | BCMR | CY2011 | 20110022494
The applicant states, in effect, he should be awarded the Purple Heart for injuries he sustained during an enemy attack while serving in Afghanistan on 24 January 2008. The applicant provides: * Combat Infantryman Badge Permanent Orders 103-034, dated 12 April 2008 * Army Board for Correction of Military Records memorandum, dated 2 June 2011 * DD Form 149 (Application for Correction of Military Record), dated 13 September 2011 * U.S. Army Human Resources Command (HRC) Awards and Decorations...
ARMY | BCMR | CY2005 | 20050006023C070206
The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), Veterans Administration (VA) Request for Information, VA Rating Decision, and medical records. The evidence also shows that the applicant participated in three campaigns during his service in Vietnam. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.
ARMY | BCMR | CY2005 | 20050004719C070206
The applicant requests award of the Purple Heart for shrapnel wounds incurred in Vietnam. Therefore, he is entitled to correction of his records to show this unit award. Therefore, he is entitled to correction of his records to show this unit award.
ARMY | BCMR | CY2002 | 2002067054C070402
There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit, 4th Battalion, 23rd Infantry, of the 25th Infantry Division, was also cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971. However, evidence of...
ARMY | BCMR | CY2004 | 2004106650C070208
The applicant requests correction of his records to show award of the Combat Infantryman Badge and the Purple Heart. However, there are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart, and there is no evidence in his records that he was wounded or treated for wounds as a result of hostile action. In the absence of military records, which show the applicant was wounded or injured or treated for wounds as a result of hostile...
ARMY | BCMR | CY2002 | 2002068126C070402
This Board also noted that the ABCMR in Docket Number AC88-07647 on 6 September 1989 determined that the applicant's DA Form 199 should be amended to show in item 10c that his disability resulted from a combat related injury based on the same "benefit of doubt" stated in the PDA's advisory opinion. The Board noted that indicating in item 10c that the service member's disability resulted from a "combat related injury" does not mean that he was wounded or injured as a result of hostile action...
ARMY | BCMR | CY2005 | 20050001348C070206
The applicant requests correction of his records to show award of the Purple Heart and the Combat Infantryman Badge. Item 40 (Wounds) of the applicant's DA Form 20 shows the entry "Fragments Left Leg" and item 41 (Awards and Decorations) does not show award of the Purple Heart or Combat Infantryman Badge. Evidence shows that the applicants records contain administrative errors which do not require action by the Board.
ARMY | BCMR | CY2009 | 20090002796
Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080001285 on 17 April 2008. While the physician at the DVA CBOC in Guam essentially stated that the applicant had a well-healed scar on his right forearm, the fact that he also stated that the applicant reported that he sustained a wound to his right forearm while serving in Vietnam...
ARMY | BCMR | CY2005 | 20050001348C070206
The applicant requests correction of his records to show award of the Purple Heart and the Combat Infantryman Badge. Item 40 (Wounds) of the applicant's DA Form 20 shows the entry "Fragments Left Leg" and item 41 (Awards and Decorations) does not show award of the Purple Heart or Combat Infantryman Badge. Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board.