Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001057471C070420
Original file (2001057471C070420.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 25 September 2001
         DOCKET NUMBER: AR2001057471

         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 N. Slone Chairperson
Mr. Lester Echols Member
Mr. Ronald E. Blakely 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 award of the Purple Heart (PH).

APPLICANT STATES: That he be awarded the PH due to an injury received while on a combat assault in Vietnam. While being medically evacuated, he was thrown into a helicopter; his face hit a seat and he was bleeding from the mouth.

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

On 3 June 1969, he was inducted into the Army of the United States. He completed his required training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

During the period 7 December 1969 to 12 December 1970, he served in Vietnam.

He was advanced to pay grade E-4 effective 26 February 1970.

On 12 December 1970, he was honorably separated in pay grade E-4 under Army Regulation 635-200, based on being an overseas returnee. His separation document indicates he had 1 year, 6 months and 7 days of creditable service and 3 days of lost time.

His Enlisted Qualification Record does not show he was wounded in action in Vietnam.

In a previous application to this Board on 8 April 1991, requesting award of the Combat Infantryman Badge, he made no mention or inquiry concerning award of the Purple Heart (PH).

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. The applicant is not entitled to award of the PH based on the evidence of record.

2. His contentions have been noted; however, there is no evidence in the available records to support his request.
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

_jns____ _reb____ _le_____ DENY APPLICATION




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



INDEX

CASE ID AR2001057471
SUFFIX
RECON
DATE BOARDED 20010925
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 | CY2002 | 2002075763C070403

    Original file (2002075763C070403.rtf) Auto-classification: Approved

    The applicant’s military records show that he was inducted and entered on active duty on 26 August 1968. Army Pamphlet 672-3 (Unit Citation and Campaign Register) authorizes all Army units serving in Vietnam between 20 July 1965 and 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation. There is no record that the applicant was ever wounded a second time or, therefore, that he ever received a second PH.

  • ARMY | BCMR | CY2001 | 2001054439C070420

    Original file (2001054439C070420.rtf) Auto-classification: Denied

    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...

  • ARMY | BCMR | CY2001 | 2001057174C070420

    Original file (2001057174C070420.rtf) Auto-classification: Approved

    The applicant requests, in effect, that his military records reflect award of the Purple Heart (PH). The applicant states, in effect, that PH was omitted from his Armed Forces Of The United States Report Of Transfer Or Discharge (DD Form 214) at the time of his discharge. General Orders #84 issued by Headquarters, 17 th Field Hospital, dated 13 April 1970, provided by the applicant shows he was awarded the PH for wounds received in the Republic of Vietnam.

  • ARMY | BCMR | CY2002 | 2002072172C070403

    Original file (2002072172C070403.rtf) Auto-classification: Approved

    The applicant’s Enlisted Qualification Record, item 40, Wounds, had “Frag wound left arm” entered. Based on the official telegram sent to the applicant’s parents advising of his wounding in Vietnam, it is evident that the applicant is entitled to the PH. The record also shows that he is entitled to three bronze service stars for his Vietnam Campaign Medal, and the Vietnam Gallentry Cross with Palm Unit Citation.

  • ARMY | BCMR | CY2001 | 2001059238C070421

    Original file (2001059238C070421.rtf) Auto-classification: Approved

    The applicant states that his personnel records show his award of the Purple Heart. While it is possible that the applicant was wounded in Vietnam and was awarded the Purple Heart, there is no evidence in the available records to show that such was the case. In view of the foregoing, the applicant’s records should be corrected as recommended below.

  • ARMY | BCMR | CY2001 | 2001063683C070421

    Original file (2001063683C070421.rtf) Auto-classification: Denied

    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. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. The evidence of record substantiates that the applicant’s record should be corrected to reflect the award of four BSSs for wear on his VSM, the RVN Gallantry Cross with Palm...

  • ARMY | BCMR | CY2001 | 2001062886C070421

    Original file (2001062886C070421.rtf) Auto-classification: Approved

    The applicant did not provide any tangible evidence in support of his application other than his statement in Block 10 of DD Form 149 (Application for Correction of Military Records). This document shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by Department of the Army General Order Number 59, dated 1969. He remained at the 106th General...

  • ARMY | BCMR | CY2003 | 2003089774C070403

    Original file (2003089774C070403.rtf) Auto-classification: Approved

    The applicant states, in effect, that he was awarded the Purple Heart for being wounded in Vietnam and it was not included on his DD Form 214. A review of his records fails to show that he was awarded the Purple Heart; however, his records do show that he was wounded in action and was treated by medical personnel during his hospitalization. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was entitled...

  • ARMY | BCMR | CY2003 | 2003086806C070212

    Original file (2003086806C070212.rtf) Auto-classification: Approved

    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. He further states that he was told that his recommendation for award of the Purple Heart was misrouted and he never received it. The Board finds that here is sufficient evidence to show that the applicant was wounded on 6 July 1970, while serving as an infantryman in Vietnam and that the wound was documented...

  • ARMY | BCMR | CY2001 | 2001057187C070420

    Original file (2001057187C070420.rtf) Auto-classification: Denied

    MEMORANDUM OF CONSIDERATION IN THE CASE OF: BOARD DATE: 30 August 2001 DOCKET NUMBER: AR2001057187 The applicant requests correction of military records as stated in the application to the Board and as restated herein. There is no evidence of record nor has the applicant submitted any evidence to support his contention that he was wounded while he was in Vietnam or that he is entitled to the Purple Heart.