APPLICANT REQUESTS: That he be awarded the Purple Heart for injuries sustained in Vietnam. He states, in fact, that he was wounded twice by shrapnel and should have been awarded two Purple Hearts. In support of his request, he provides a letter from his former platoon sergeant in Vietnam.
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 31 October 1966 and was honorably discharged on 30 October 1969. He served 11 months and 18 days in Vietnam and was awarded the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal and the Sharpshooter Badge with rifle bar.
The applicants enlisted qualification record contains no entries in the section designated for recording wound information. Also, there is no information elsewhere in his military personnel file to show that he was wounded as a result of enemy action or otherwise entitled to the Purple Heart.
The supporting information provided with his application provides no specific information insofar as recording any of the applicants injuries.
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 30 October 1969, the date of discharge. The time for the applicant to file a request for correction of any error or injustice expired on 30 October 1972.
The application is dated 27 November 1995 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
Karl F. Schneider
Acting Director
ARMY | BCMR | CY1996 | 9609646C070209
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 entered active duty on 14 March 1967 and in October 1968 was assigned to Vietnam as an infantryman with the 503rd Infantry. The applicant authenticated his DA Form 20 in September 1969 and his separation report on the date of his discharge.
ARMY | BCMR | CY2009 | 20090008629
The applicant reenlisted for 3 years on 21 January 1970 to continue his service in the Army 7. To be awarded the Purple Heart, substantiating evidence must be presented to show that the applicant was wounded as 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. The applicant indicates that he was awarded the Purple Heart and wants a correct copy of his DD Form 214 showing this...
ARMY | BCMR | CY2008 | 20080011917
However, there is no evidence of record which verifies his injuries were a result of hostile action in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the Purple Heart for wounds sustained in July 1969 and showing this award on his DD Form 214. ______________________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military...
ARMY | BCMR | CY2006 | 20060011266
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: March 8, 2007 DOCKET NUMBER: AR20060011266 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 a third award of the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for an injury he received on 5 May 1969. Therefore, there is...
ARMY | BCMR | CY2011 | 20110019229
The applicant states he was wounded twice by shrapnel while serving in the Republic of Vietnam (RVN) and he did not receive a Purple Heart for his combat wounds. His medical records are not available for review with this case. ___________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.
ARMY | BCMR | CY2008 | 20080017844
The applicant provided a copy of a Purple Heart Certificate, dated 28 September 1968, showing award of the Purple Heart for wounds received in action on 27 September 1968; and a copy of Headquarters, 9th Infantry Division General Orders Number 6602, dated 11 June 1969 and citation showing award of the Bronze Star Medal for meritorious service during the period July 1968 to June 1969 in support of his request. The evidence of record shows the applicant was awarded the Vietnam Service Medal. ...
ARMY | BCMR | CY2010 | 20100011607
The applicant states he was wounded in action in Vietnam around March 1970 and he was never awarded the Purple Heart. Therefore, in the absence of sufficient evidence to establish that he meets the criteria for award of the Purple Heart, there appears to be no basis to grant his request at this time. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.
ARMY | BCMR | CY2005 | 20050008599C070206
The applicant's record contains a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the effective date 27 October 1969 and a DD Form 214 (Report of Separation from Active Duty) with the effective date 29 September 1975. The applicant's records show he was awarded the Vietnam Service Medal. In the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon...
ARMY | BCMR | CY2010 | 20100025548
His personnel record contains a Standard Form 180 (Request Pertaining to Military Records) completed and signed by the applicant, dated 6 February 2001, wherein he questions, "Being injured in Vietnam in 1969, am I eligible for a Purple Heart medal?" There is no evidence of record and the applicant did not provide any evidence that shows he was wounded or injured as a result of hostile action in Vietnam. Regrettably, there is insufficient evidence to support award of any Purple Hearts in...
ARMY | BCMR | CY2011 | 20110016841
Army Regulation 600-8-22 (Military Awards) states that the Purple Heart is awarded for a wound sustained as a result of hostile action. The Purple Heart requires: * a wound was the result of hostile action * treatment of the wound by military medical personnel * documentation of the wound in official records * official orders awarding the decoration 4. ___________X___________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...