Search Decisions

Decision Text

ARMY | BCMR | CY1996 | 9607153C070209
Original file (9607153C070209.txt) Auto-classification: Approved
2.  The applicant requests that his DD Form 214, Report of Transfer or Discharge, be corrected to reflect that he was awarded the Purple Heart.

3.  He states, in effect, that he was wounded in Vietnam in November 1971, but the Purple Heart was not reflected on his DD Form 214.

4.  His military records show that he initially enlisted in the Regular Army on 4 February 1953 and through a series of immediate reenlistments remained on active duty until he retired in February 1973 in pay grade E-6, with over 20 years of service.  During his career, he served two tours in Vietnam as a light weapons infantryman, the first from 23 October 1967 to 14 October 1968 and the second from 14 December 1970 to 22 November 1971.

5.  His DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Korean Service Medal, the Bronze Star Medal, the Good Conduct Medal, the United Nations Service Medal and the Combat Infantryman Badge.

6.  The applicant’s enlisted qualification record contains no entry under the section for wounds suffered in combat.  However, the record of assignments section contains an entry made on 10 November 1971 indicating that he was evacuated from the 1st Cavalry Division (where he was an infantry squad leader) to the Army hospital in the Ryukyu Islands, then further evacuated to the military hospital at Valley Forge, Pennsylvania.  The personnel record does not show the reason for the evacuation.  His medical records, which inexplicably contain no entries after 4 November 1971 or before his separation physical examination on 11 August 1972, provide no information on the reason for evacuation either.  However, the retirement physical examination noted that he had multiple shrapnel wound scars to the right ankle, left thigh, right shoulder, left forearm, left buttock and a surgical scar on the right ankle.

7.  Army Regulation 600-8-22 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.

8.  The same regulation provides that it is not intended that such a strict interpretation be taken of the requirement for the wound or injury to be caused by direct result of hostile action that it would preclude the award being made to deserving personnel.

CONCLUSIONS:

1.  Based on the evidence of record, it appears that the applicant was wounded in Vietnam and should have been awarded the Purple Heart.

2.  While the medical records do not make clear that his wounds were the result of hostile action, collateral documentation shows that he was, at the time of his evacuation, a squad leader with an infantry unit involved in combat operations and evacuated from the combat area for the treatment of wounds, which were subsequently identified as resulting from shrapnel.

3.  Therefore, in keeping with the spirit of the regulation, the evidence tends to indicate that he is entitled to the Purple Heart.

4.  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 that the individual concerned was awarded the Purple Heart for wounds received in Vietnam.



BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
						    CHAIRPERSON

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140016275

    Original file (20140016275.txt) Auto-classification: Denied

    The applicant provides copies of the following: * two Standard Forms (SF) 88 (Report of Medical Examination) * two SFs 89 (Report of Medical History) * medical history * International Certificates of Vaccination * five SFs 600 (Health Record – Chronological Record of Medical Care) * SF 539 (Clinical Record – Abbreviated Clinical Record) * dental record * letter of commendation * SF 602 (Health Record – Dental Clinic) * DA Form 3082-R (Statement of Medical Condition) * DD Form 214 (Armed...

  • ARMY | BCMR | CY2010 | 20100015590

    Original file (20100015590.txt) Auto-classification: Denied

    The applicant states he did not know he could receive the Purple Heart. He indicated he injured his Achilles tendon in Vietnam and has a physical profile. His service 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 do not conclusively reflect he suffered an injury as a result of enemy action and was treated for a combat injury or wound.

  • ARMY | BCMR | CY2012 | 20120005454

    Original file (20120005454.txt) Auto-classification: Denied

    The applicant requests correction of his records to show award of the Purple Heart. A review of the applicant's military personnel records failed to reveal any evidence he was awarded the Purple Heart. The medical records that the applicant provides show he was wounded in action on 9 June 1969 when he sustained injuries to his neck and right elbow and a fragment wound to his left hip.

  • ARMY | BCMR | CY2010 | 20100017690

    Original file (20100017690.txt) Auto-classification: Denied

    He was treated for his shrapnel wound and other injuries and was released with his medical records to his unit. In this case, the applicant's name is not shown on the Vietnam casualty roster, his DA Form 20 does not reflect a combat wound, his record is void of any orders that show he was awarded the Purple Heart, and there is no conclusive evidence in his service personnel records that shows he was wounded or injured as a result of hostile action or treated for such wounds. There is no...

  • ARMY | BCMR | CY2003 | 03099031C070212

    Original file (03099031C070212.doc) Auto-classification: Denied

    In that claim he states that he had sustained a shrapnel wound to his left shoulder in March 1969 and received medical treatment at a medical evacuation center. Such documentation could serve as a basis to grant the applicant’s request for award of the Purple Heart. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show two awards of the Air Medal, a “V” device on his Army Commendation Medal, four bronze service stars...

  • ARMY | BCMR | CY2006 | 20060000309C070205

    Original file (20060000309C070205.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 August 2006 DOCKET NUMBER: AR20060000309 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'S REQUEST, STATEMENT, AND EVIDENCE: 1. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the award of the Army Good Conduct...

  • ARMY | BCMR | CY2003 | 2003086688C070212

    Original file (2003086688C070212.rtf) Auto-classification: Approved

    However, his records do show that he was awarded a temporary physical profile for temporary duty restrictions due to multiple fragment wounds – (L) Hand and Wrist: contusion of left median nerve. Although the applicant's medical records are not available for the Board to review, the Board finds it reasonable to presume that he was in fact wounded in action against the enemy on 19 June 1970, the date he was evacuated. RECOMMENDATION : That all of the Department of the Army records related...

  • ARMY | BCMR | CY2008 | 20080019257

    Original file (20080019257.txt) Auto-classification: Denied

    The fact that the applicant provided his medical record from the Salisbury VAMC that states a mortar exploded close by him and he had shrapnel injuries to the left ankle is not sufficient evidence to conclude that he is entitled to the award of the Purple Heart. There are no medical records available which show that the applicant was wounded or treated for wounds as a result of hostile action during his service in Vietnam. In the absence of such evidence, there is insufficient basis for...

  • ARMY | BCMR | CY2010 | 20100026430

    Original file (20100026430.txt) Auto-classification: Denied

    No combat injuries or wounds are recorded on his medical records; however, an entry "scar to left leg" was entered on his Standard Form 88 (Report of Medical Examination). In this case, the applicant's name is not shown on the Vietnam casualty roster, his DA Form 20 is not available for review, his service record is void of any orders that show he was awarded the Purple Heart, his record is void of any official Army telegrams or Western Union telegrams, and there is no conclusive evidence...

  • 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...