APPLICANT REQUESTS: That he be awarded the Purple Heart Medal. He states that he was wounded on about the March 1970 time frame around Pleiku, Vietnam. He was treated at the Camp Holloway dispensary. He was never awarded the Purple Heart Medal for his wound.
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:
The applicant enlisted in the Army for three years on
9 August 1968. The applicant served in Vietnam from April 1969 until November 1970. He was discharged at Fort Rucker, Alabama on 22 December 1970. The applicants DD Form 214 (Report of Transfer or Discharge), which he signed, shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with 1960 device, the Army Commendation Medal, and the Meritorious Unit Commendation Medal. It does not show that he was awarded the Purple Heart Medal.
The applicant reenlisted on 23 December 1970 and was discharged for immediate reenlistment on 21 October 1976. This DD Form 214, which he signed, does not show award of the Purple Heart Medal. The applicant was discharged for hardship reasons on 13 April 1978. This discharge document, which he signed, does not list award of the Purple Heart Medal.
The applicants personnel qualification record shows that he received various awards, to include those for his service in Vietnam, and that he participated in six campaigns while in Vietnam. It does not show award of the Purple Heart Medal. He signed this record attesting to its accuracy.
A 23 January 1987 report of medical examination completed for the purpose of enlistment in the Army National Guard does not show any wounds received by the applicant. In the report of medical history the applicant furnished for the examination, he does not indicate that he was wounded. This report of medical examination and record of military history are one of many, which are contained in voluminous medical documents obtained from the VA. None of these documents, over 800 in all, contain any information concerning a history of wounds that he received in Vietnam.
Information from the Total Army Personnel Command Awards Branch indicated that there was no record of the applicant having received an award of the Purple Heart, nor any record that he was listed as a casualty on the Vietnam casualty roster maintained by that agency.
Army Regulation 600-8-22 provides 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, 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
13 April 1978, the date of his discharge. The time for the applicant to file a request for correction of any error or injustice expired on 13 April 1981.
The application is dated 31 January 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 | CY2005 | 20050004363C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 December 2005 DOCKET NUMBER: AR20050004363 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 correction of his records to show award of the Purple Heart. There also is no evidence in his service personnel records that shows he was treated for wounds as a result of hostile action in Vietnam.
ARMY | BCMR | CY2007 | 20070000658
There are no orders in the applicant's military service records awarding him the Purple Heart. The date for which the medal was awarded is within the applicant's period of service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 with an effective date of 12 March 1971 to show award of the Purple Heart for wounds received on 11 July 1970 in the Republic of Vietnam, the Army Commendation...
ARMY | BCMR | CY2008 | 20080009476
The applicant requests correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Purple Heart for wounds received during his service in the Republic of Vietnam. The applicant indicates on his application that he attached his medical records showing an examination for shrapnel received in the Republic of Vietnam. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of...
ARMY | BCMR | CY2004 | 20040001533C070208
The applicant stated that he was wounded in April 1967; however, there are no medical documents prepared at that time showing that he was wounded in action. The only medical evidence available is the undated document that he submits with his request, in which he stated that he was treated in December 1967. The evidence shows that the applicant’s record contains administrative error that does not require action by the Board.
ARMY | BCMR | CY2006 | 20060015028
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded the Purple Heart. The applicant alleges that an error was made by excluding the Purple Heart from his DD Form 214 and military records. Therefore, he is not entitled to correction of his records to show the award of the Purple Heart.
ARMY | BCMR | CY2009 | 20090016590
The applicant states the award he received in Vietnam in 1969 is not recorded on his DD Form 214. Although the applicants records do not contain any evidence showing he was ever awarded the Purple Heart, and his name is not among the listing of individuals reported as combat casualties during the Vietnam War, the statement in his Army Commendation Medal with V device and his patient status in Japan is sufficiently compelling evidence to conclude the applicant is entitled to an award of...
ARMY | BCMR | CY2015 | 20150002070
The applicant requests correction of his military service records to show award of the Purple Heart. A review of the applicant's military personnel records failed to reveal a copy of orders or other evidence that shows he was awarded the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 13 of his 2 April 1981 DD Form 214 the following entries: * "Vietnam Service Medal" * "Army...
ARMY | BCMR | CY2006 | 20060001298C070205
The applicant requests reconsideration of the previous Board action to include award of a second Purple Heart. He states he knows that the applicant received wounds to his chest and arm in ground action. Therefore, there is insufficient evidence to support a correction of the records to show award of a second Purple Heart at this time.
ARMY | BCMR | CY2006 | 20060003651
The Board considered the following evidence: Exhibit A - Application for correction of military records. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 does not show that he was awarded the Bronze Star Medal or the Purple Heart. Further, there is no evidence in the applicants military records which shows that he was wounded in action.
ARMY | BCMR | CY2014 | 20140011656
The applicant requests correction of his record to show award of the Army Good Conduct Medal. There is no evidence in his records of any court-martial convictions, personnel actions, or statements that would justify disqualification for the second award of the Army Good Conduct Medal. 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 (2nd Award) for the period 25 February...