APPLICANT REQUESTS: That he be awarded the Purple Heart for injuries received in Vietnam.
APPLICANT STATES: That in 1962 or 1963 he suffered a broken foot while in a convoy that came under attack by the enemy.
COUNSEL CONTENDS: That although the applicants records do not specify the circumstances surrounding his injury, counsel asks that all reasonable doubt be resolved in his favor.
EVIDENCE OF RECORD: The applicant's military personnel and medical records show:
He retired from the Army on 31 May 1973 in pay grade E-8 after completing over 20 years of active service.
His records reflect that he served a tour in Vietnam from 31 March 1962 to 20 April 1963. On 20 October 1962, while riding in a vehicle that came to a sudden stop, he suffered a broken foot. His medical records indicate that the injury occurred as the result of a generator sliding forward on his foot. The injury was subsequently determined to be a broken bone in the foot which was treated by placement in a walking cast. The record does not contain any information indicating that the injury was caused by enemy action.
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.
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. While the evidence of record shows that the applicant sustained an injury while in Vietnam, it does not show that the injury was the result of hostile enemy action.
2. Based on the available personnel and medical records, there is no evidence that he suffered a combat related injury that would qualify him for award of the Purple Heart.
3. 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 | 04104755C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 09 DECEMBER 2004 DOCKET NUMBER: AR2004104755 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. Michael Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2013 | 20130011247
There is no evidence of record that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart. 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. However, in the absence of documentation that conclusively shows he was wounded or injured as a result of enemy action...
ARMY | BCMR | CY2012 | 20120010650
The FSM was never awarded the Purple Heart for the injury he incurred in Vietnam. The applicant provides: * An undated handwritten account of the FSM's assignment to Vietnam * Honorable Discharge Certificate * Certification of Service, dated 19 October 1971 * DD Form 214 (Report of Separation from Active Duty) for the period ending on 24 September 1974 * Department of Veterans Affairs (VA) application for medical benefits, dated 30 April 1991 * Death Certificate, dated 19 December 2010 *...
ARMY | BCMR | CY2013 | 20130009925
The applicant requests: * award of the Purple Heart for a combat wound in Vietnam in 1964 * award of the Purple Heart for a combat wound in Vietnam in 1969 * award of the Purple Heat for a punji stick combat injury in Vietnam * award of the Amphibious Landing Medal (i.e., the Arrowhead Device) 2. There are no medical records available. There is no evidence of record that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart.
ARMY | BCMR | CY2013 | 20130009277
Another wave hit and the last thing he remembers is hanging on to a safety chain along the boat in water up to his knees. Army Regulation 600-8-22 (Military Award) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Therefore, he is not entitled to award of the Purple Heart and its addition to his DD Form 214 at this time.
ARMY | BCMR | CY2010 | 20100022864
A self-authored statement, dated 21 October 2009, wherein he states he served as the platoon sergeant of the 1st Platoon, C Troop. d. An undated statement from another former member (tank gunner) of the applicant's platoon wherein he states on or around 20 August 1968, they were returning from a mine sweep mission to QTC when their tank hit a bomb that damaged the right front of the tank. Notwithstanding the applicant's sincerity and the sincerity of his former platoon members, in the...
ARMY | BCMR | CY2009 | 20090003270
Item 24 does not show award of the Purple Heart. The applicant's complete medical records are not available for review with this case. The former S-1 message center sergeant also states that the CSM said that the applicant was making a mistake by refusing the Purple Heart; b. in a statement, dated 13 January 2009, a comrade-in-arms and former member of the unit states that he was stationed with the applicant in the same unit as an illustrator and that during one late-night mortar attack in...
ARMY | BCMR | CY2010 | 20100017003
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, and his medical records are not available for review with this case. Notwithstanding his sincerity, in the absence of official documentary evidence such as operation orders, morning reports, after action reports, official orders to corroborate the events that led to his alleged injury, or additional...
ARMY | BCMR | CY2013 | 20130014273
The applicant requests two awards of the Purple Heart and correction of his DD Form 214 (Armed Forces of the United States Report of Separation or Discharge) to show the two awards and the Bronze Star Medal. c. As for the June 1970 injury, again there is no evidence of an injury or that such injury occurred as a result of hostile action, and there is also no evidence he was treated or that his treatment was made a matter of official record. There is no evidence in the available records...
ARMY | BCMR | CY2014 | 20140006767
There is no evidence of record that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and enemy or as a result of hostile action. However, in the absence of documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, there is an insufficient...