Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001051794C070420
Original file (2001051794C070420.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 8 March 2001
         DOCKET NUMBER: AR2001051794

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mrs. Nancy Amos Analyst


The following members, a quorum, were present:

Mr. Roger W. Able Chairperson
Ms. Barbara J. Lutz Member
Mr. William D. Powers Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: That he be awarded the Purple Heart.

APPLICANT STATES: That he was injured in basic training and hospitalized. He was sent to advanced individual training and on temporary duty to Fort Benning, GA and told there was no problem. Then he was sent to Vietnam. While he was on a search and destroy mission, he was “dusted off” and then operated on. He provides no supporting evidence.

EVIDENCE OF RECORD: The applicant's military records show:

He was inducted into the Army on 12 June 1968.

The applicant’s complete service medical records are not available. A Consultation Sheet, SF 513, from Urology dated October 1968 shows that he suffered a contusion to his left testicle in June 1968. He was given a provisional diagnosis of varacosity of the left testicle.

The applicant completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman). He served in Vietnam from 6 April 1969 – 26 March 1970. He was honorably released from active duty on 27 March 1970.

The applicant completed a physical examination on 15 March 1972 for the purpose of enlisting in the National Guard. His Report of Medical History, SF 93, shows that he was treated for a varicocele testicle while in Vietnam in 1969 and that he was receiving 10 percent disability compensation for that disability from the VA.

Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations. In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States. The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action 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 evidence of record confirms the applicant’s contention that he was injured in basic training and treated for that injury while in Vietnam. However, he did not receive that injury as a result of action against an enemy of the United States. Therefore, he does not meet the eligibility requirement for award of the Purple Heart.

2. In view of the foregoing, there is no basis for granting the applicant's 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

__rwa___ __bjl___ __wdp___ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2001051794
SUFFIX
RECON
DATE BOARDED 20010308
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2010 | 20100022224

    Original file (20100022224.txt) Auto-classification: Denied

    The applicant provides: * excerpts from the 533rd Ordnance Detachment EOD activities for the period 1 July - 31 December 1970 * clinical records, dated 13 July 1970 and 26 July 1970 * a Patient Admission Form * his DD Form 214 CONSIDERATION OF EVIDENCE: 1. He was assigned to the 25th Ordnance Detachment in Vietnam from 1 May 1970 until he was wounded on 12 July 1970 and he was transferred to the United States on 23 July 1970 for further medical treatment. Army Regulation 600-8-22 (Military...

  • ARMY | BCMR | CY2015 | 20150004142

    Original file (20150004142.txt) Auto-classification: Denied

    In his request for reconsideration, he stated: * he sustained a concussion in Vietnam and was sent to Japan to recover from this concussion * he was not sent back to Vietnam because of the medical issues with hearing loss, headaches, and post-traumatic stress disorder (PTSD) which are all service-connected * he was given a permanent physical profile and upon returning stateside, he was assigned to supply, then finance, then special services * he was also treated at Fort Meade, MD for ears,...

  • ARMY | BCMR | CY2013 | 20130009277

    Original file (20130009277.txt) Auto-classification: Denied

    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 | CY2011 | 20110017320

    Original file (20110017320.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 authorized or awarded the Purple Heart. Moreover, the applicant's name is not listed on the Vietnam casualty listing and there is no evidence the applicant was awarded the Purple Heart.

  • ARMY | BCMR | CY2014 | 20140014594

    Original file (20140014594.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Purple Heart. Neither item 40 (Wounds) nor item 41 (Awards and Decorations) of his DA Form 20 indicate he was either wounded in combat or awarded the Purple Heart. Notwithstanding the applicant's sincerity, regrettably, absent evidence that conclusively shows his wounds or injuries resulting from hostile action, that he was treated by medical...

  • ARMY | BCMR | CY2013 | 20130015660

    Original file (20130015660.txt) Auto-classification: Approved

    His DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service), service in the RVN from 12 July 1968 through 23 February 1970; b. item 33 (Appointments and Reductions), he was promoted to sergeant (SGT)/pay grade E-5 on 11 March 1969; c. item 38 (Record of Assignments): * Special Operations Augmentation [SOA] (Command and Control Center [CCC]), 5th Special Forces Group (Airborne) [SFG(A)], 1st Special Forces [SF] (18 July 1968 through 3 June 1969) * Medical Hold...

  • ARMY | BCMR | CY2012 | 20120022453

    Original file (20120022453.txt) Auto-classification: Denied

    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 AR20110014555, on 12 January 2012. It also states in order to award the Purple Heart there must be evidence of the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical personnel, and a record of the medical treatment...

  • ARMY | BCMR | CY2015 | 20150002196

    Original file (20150002196.txt) Auto-classification: Denied

    His DA Form 20 (Enlisted Qualification Record) shows in: * Item 40 (Wounds) no entry to show he was wounded in action while serving in Vietnam * Item 41 (Awards and Decorations) does not list the Purple Heart 8. There is no available evidence of record and the applicant did not provide sufficient evidence showing he sustained a wound/injury as a result of enemy action for award of the Purple Heart during his period of service in Vietnam. There must be evidence confirming the wound for...

  • ARMY | BCMR | CY2012 | 20120003718

    Original file (20120003718.txt) Auto-classification: Approved

    The applicant provides a copy of Headquarters, 67th Evacuation Hospital, General Order Number 157, dated 15 July 1970, as new evidence which warrants consideration by the Board. This order shows the applicant was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 12 July 1970. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the Vietnam Service Medal with three bronze service...

  • ARMY | BCMR | CY2014 | 20140007819

    Original file (20140007819.txt) Auto-classification: Approved

    The applicant provides: * Self-authored statement, dated 24 March 2014 * General Orders (GO) Number 18907, dated 3 November 1970 * Two letters of support (from Mr. TLM) * Standard Form (SF) 600 (Health Record-Chronological Record of Medical Care), 2 pages, dated 9 October 1970 (from Mr. TLM) * DA Form 759-1 (Individual Flight Record and Flight Certificate – Army), dated 3 September 1970 through 25 November 1970 (from Mr. TLM) * Army Board for Correction of Military Records (ABCMR) in Docket...