Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001051908C070420
Original file (2001051908C070420.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 17 April 2001
         DOCKET NUMBER: AR2001051908

         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
Mr. Lee Cates Analyst


The following members, a quorum, were present:

Mr. John H. Kern Chairperson
Mr. Melvin H. Meyer Member
Ms. Margaret V. Thompson 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 his records be corrected to show entitlement to award of the Purple Heart.

APPLICANT STATES: That he “served in the “Army Security Agency” [ASA], held a Top Secret Cryptographic clearance, and was indoctrinated for Special Intelligence tasks. While in Vietnam, I was assigned to a “Radio Research” company; I carried out missions which were classified Top Secret, and my injuries (January 1970) were incurred during such a classified mission. (I was in direct hostile action with the enemy and received a concussion wound during an explosion, treated by a medic on the team, and stayed on the mission.) I was again treated 15 June 1970 for these wounds (by the medical doctors at the 61st Medical Dispensary, APO 96266) and their treatment is in my medical records.”

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

On 27 December 1968, the applicant enlisted in the Regular Army. He completed his required training and was awarded military occupational specialty 72B (Communications Center Specialist).

During the period 11 August 1969 to 10 August 1970, he served in various units in Vietnam.

On 15 June 1970, the applicant was treated for a childhood injury (a numb area) which had been re-injured 5 years prior and he claimed to be growing.

On 22 February 1972, a separation physical examination cleared the applicant for separation with a physical profile of 111111A.

On 23 March 1972, the applicant was honorably separated under Army Regulation 635-200, paragraph 5-3 and ASA Message 082230ZFEB72, with a Separation Program Number of 436, based on reduction in strength – ASA option for first term personnel. His separation document indicates he had 3 years, 2 months and 27 days of creditable service. He was awarded the Army Commendation Medal, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal and the Vietnam Campaign Medal.

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, 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. There is no evidence of record available to the Board, which shows that the applicant was wounded or treated for wounds due to hostile action; therefore, he is not entitled to award of the Purple Heart.

2. The applicant claims his combat related wounds occurred on a Top Secret mission; however, he has provided no documents which would validate his request for the Purple Heart.

3. 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. The applicant has failed to submit evidence that would satisfy this requirement.

4. 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

_mvt____ _mm___ _jhk____ DENY APPLICATION




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



INDEX

CASE ID AR2001051908
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010417
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2010 | 20100016455

    Original file (20100016455.txt) Auto-classification: Denied

    In awarding him the additional awards, HRC officials considered the request for award of the Purple Heart but determined there was insufficient evidence to show the helicopter crash – and thus his injury – was the result of enemy action. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders. The FSM's service record is void of any orders that show he was awarded the Purple Heart, his name is not shown...

  • AF | BCMR | CY2004 | bc-2003-03616

    Original file (bc-2003-03616.doc) Auto-classification: Denied

    Furthermore, his medical records indicate that he had an operation. Applicant’s complete response, with attachments, is at Exhibit E. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: AFPC/DPPPR recommends denial of the applicant’s request for award of the DFC and states, in part, that there is no evidence he was recommended for, or awarded the DFC. Should the applicant provide additional statements containing specific details regarding his...

  • ARMY | BCMR | CY2012 | 20120006507

    Original file (20120006507.txt) Auto-classification: Approved

    His DA Form 20 (Enlisted Qualification Record) shows in: a. item 38 Record of Assignments) – service in Vietnam with 5th Special Forces Group from 11 June 1970 to 28 February 1971. The applicant should be awarded the Purple Heart with Oak Leaf Cluster for wounds sustained in action against the enemy on 28 November 1970. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart with Oak Leaf...

  • ARMY | BCMR | CY2011 | 20110009990

    Original file (20110009990.txt) Auto-classification: Denied

    The applicant requests correction of his records to show award of the Purple Heart. In the absence of evidence the applicant was wounded or injured as a result of hostile action and treated for such wounds, there is insufficient evidence upon which to base award of the Purple Heart. _______ _ 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 | CY2003 | 2003084961C070212

    Original file (2003084961C070212.rtf) Auto-classification: Approved

    The applicant states, in effect, that he was wounded in Vietnam and was not awarded the Purple Heart. The evidence of record clearly shows that the applicant was wounded in Vietnam on 19 February 1969, while serving in the pay grade of E-4, and that he was hospitalized as a result of that wound. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart for wounds received on 19 February 1969,...

  • ARMY | BCMR | CY2007 | 20070017079

    Original file (20070017079.txt) Auto-classification: Denied

    He also requests correction of his records to show service in Vietnam in addition to Vietnam service awards. There also is no evidence in his service personnel records that show that he was wounded or treated for wounds as a result of hostile action in Vietnam. There is no evidence in the available records and the applicant has not provided evidence that shows he served in Vietnam.

  • 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...

  • ARMY | BCMR | CY2002 | 2002078239C070215

    Original file (2002078239C070215.rtf) Auto-classification: Approved

    On 7 June 1970, a casualty message was dispatched which indicated that the applicant was not seriously wounded, that he was treated in the field, and that his vehicle detonated a hostile land mine. The evidence of record contains sufficient evidence to support the applicant’s contention that he was wounded in action against the enemy on 6 June 1970 and that he was treated for those wounds. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by...

  • ARMY | BCMR | CY2004 | 20040010934C070208

    Original file (20040010934C070208.doc) Auto-classification: Denied

    The applicant requests, in effect, his discharge document be corrected to show he was awarded the Silver Star, Bronze Star Medal, and Purple Heart. The applicant's military service record shows that he was inducted into the U.S. Army on 25 July 1967. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Expert Marksmanship Qualification Badge with Rifle Bar, the Republic of Vietnam Gallantry Cross with...

  • ARMY | BCMR | CY2010 | 20100024270

    Original file (20100024270.txt) Auto-classification: Denied

    General Orders Number 189, issued by Headquarters, 85th Evacuation Hospital, on 10 December 1967 awarded him the Purple Heart (1st Award) for wounds received in action in Vietnam on 7 December 1967. There are no orders or other evidence in the applicant’s military service records showing he was wounded on any date other than 7 December 1967. No other dates or wounds are listed.