Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001052704C070420
Original file (2001052704C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 April 2001
         DOCKET NUMBER: AR2001052704


         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.

Mr. Carl W. S. Chun Director
Ms. Wanda L. Waller Analyst


The following members, a quorum, were present:

Ms. Sherri V. Ward Chairperson
Mr. George D. Paxson Member
Mr. James E. Anderholm Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

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

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests award of the Purple Heart.

3. The applicant states, in effect, that he was wounded on 2 November 1968 in Vietnam as a result of hostile action. In support of his application, he submits medical documentation to support his claim.

4. The applicant’s military records show that he was inducted on 10 April 1967. He served as an infantryman in Vietnam from 14 April 1968 through 2 April 1969 and was honorably released on 3 April 1969.

5. The applicant’s DD Form 214 (Report of Transfer or Discharge) does not show the Purple Heart as an authorized award.

6. The applicant provided a copy of a DA Form 8-275-3 (Clinical Record Cover Sheet), dated 2 November 1968, which shows that he sustained a fragment wound to his right leg by a booby trap on 2 November 1968 in Vietnam. The clinical record also states that the injury was incurred as a result of hostile action. Item 25 (Selected Administrative Data) on the clinical record states “No Purple Heart awarded this Hospital”.

7. The applicant’s military records contain a Western Union Telegram, dated
4 November 1968, which states the applicant received a fragment wound to his right leg when he was hit by fragment from a hostile booby trap in Vietnam on
2 November 1968.

8. 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.

CONCLUSIONS:

1. The applicant was wounded as a result of hostile action on 2 November 1968 in Vietnam. Therefore, the applicant is entitled to correction of his military records to show award of the Purple Heart.

2. 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.

BOARD VOTE:

SVW____ GDP___ JEA_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Sherri V. Ward_______
                  CHAIRPERSON




INDEX

CASE ID AR2001052704
SUFFIX
RECON
DATE BOARDED 20010410
TYPE OF DISCHARGE (HD)
DATE OF DISCHARGE 19690403
DISCHARGE AUTHORITY AR 635-200 Chapter 5
DISCHARGE REASON Overseas Returnee
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2010 | 20100028881

    Original file (20100028881.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 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. However, the evidence of record also shows that records of the alleged treatment were not found.

  • ARMY | BCMR | CY2003 | 2003088377C070403

    Original file (2003088377C070403.rtf) Auto-classification: Approved

    The applicant states that he served in Vietnam and was wounded in action on two different occasions. The applicant's service was marred by his AWOL in January 1969, for which he was reduced in grade. Heart with oak leaf cluster for wounds received as a result of hostile action on 12 May 1968 and 18 September 1968, the Army Good Conduct Medal, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam...

  • ARMY | BCMR | CY2006 | 20060003538C070205

    Original file (20060003538C070205.doc) Auto-classification: Approved

    There are no medical records available which show the applicant was wounded or treated for wounds as a result of hostile action during his service in Vietnam. There is no reason to doubt the statements provided by the applicant’s former platoon leader, rifleman, and medic; however, without medical evidence verifying the applicant's wounding, there is an insufficient basis for award of the Purple Heart in this case. As a result, the Board determined that the overall merits of this case are...

  • ARMY | BCMR | CY2006 | 20060010679

    Original file (20060010679.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 March 2007 DOCKET NUMBER: AR20060010679 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. Evidence of record clearly shows the applicant was awarded the Purple Heart for wounds received in action against the enemy on 11 March 1970. As a result, the Board recommends that all Department of the Army records of...

  • ARMY | BCMR | CY2003 | 2003091067C070212

    Original file (2003091067C070212.rtf) Auto-classification: Denied

    The applicant states that on 26 February 1969, while serving in Vietnam, he was slightly wounded in his right leg. applicant. Evidence shows the applicant was wounded in Vietnam on 27 November 1968, and awarded the Purple Heart, however, there is no evidence in the

  • ARMY | BCMR | CY2010 | 20100027272

    Original file (20100027272.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge and a second award of the Purple Heart. Therefore, the Board believed the applicant was serving in active ground combat with the enemy and is eligible for award of the Combat Infantryman Badge. _______ _XXX _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...

  • ARMY | BCMR | CY2006 | 20060010689C070205

    Original file (20060010689C070205.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 January 2007 DOCKET NUMBER: AR20060010689 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 medical evidence of record which shows the applicant was wounded as a result of hostile action on 21 September 1968 in Vietnam is accepted as sufficient evidence on which to base award of the Purple Heart in...

  • ARMY | BCMR | CY2004 | 20040000340C070208

    Original file (20040000340C070208.doc) Auto-classification: Approved

    DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to, Company D, 4th Battalion, 9th Infantry Regiment, 25th Infantry Division, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period April 1966 through August 1968, by Department of the Army General Orders (DAGO) Number 48, dated 1971; and the...

  • ARMY | BCMR | CY2007 | 20070013752

    Original file (20070013752.TXT) Auto-classification: Approved

    Evidence of record shows the applicant was awarded the Vietnam Service Medal. Evidence of record shows that the applicant served a qualifying period in the Republic of Vietnam for award of one Overseas Service Bar. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Purple Heart for wounds received in action on 22 February 1970 in the Republic of Vietnam; b. awarding the applicant the Good...

  • ARMY | BCMR | CY2005 | 20050003702C070206

    Original file (20050003702C070206.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 October 2005 DOCKET NUMBER: AR20050003702 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. There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. In the absence of orders or other evidence of record...