Mr. Carl W. S. Chun | Director | |
Ms. Joyce A. Wright | Analyst |
Mr. Arthur A. Omartian | Chairperson | |
Mr. Melvin H. Meyer | Member | |
Ms. Karen A. Heinz | Member |
APPLICANT REQUESTS: Award of the Purple Heart.
APPLICANT STATES: That in January 1971, he received a burn wound to his right hand, while setting up trip-flares and being shot at by a North Vietnamese sniper, and was never awarded the Purple Heart. He also states that he was in the field for 4 days with his injury and was taken by helicopter, to Hawk Hill, for further medical treatment at the battalion medic station. In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge) and a copy of his Standard Form 600 (Chronological Record of Medical Care).
EVIDENCE OF RECORD: The applicant's military records show he was inducted on 25 November 1969, as an infantry operations and intelligence specialist (11F). He served in Vietnam from 14 November 1970 to 23 August 1971, and was released from active duty on 24 August 1971.
His discharge document does not show the Purple Heart as an authorized award.
There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. There also is no evidence in his records that shows he was wounded or treated for wounds as a result of hostile action.
His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).
The applicant’s medical records are unavailable for review by this Board.
The applicant provided a copy of a Chronological Record of Medical Care, dated 31 January and 1 February 1971, which shows that he received a partial thickness burn to the palm of his right hand.
Army Regulation 600-8-22 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.
The applicant’s name did not appear on the Vietnam Casualty Roster for a wound during the time frame of November 1970 to August 1971.
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 Board notes the applicant’s contention that in January 1971, he received a burn wound to his right hand while setting up trip-flares and being shot at by a North Vietnamese sniper. The Board also notes the medical evidence provided by the applicant which shows that he received a partial thickness burn to the palm of his right hand; however, this evidence failed to show that his injury was the result of hostile action. The Board considered the applicant’s statement in support of his claim; however, this statement is not sufficient by itself as a basis for award of the Purple Heart.
2. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was injured or wounded due to hostile action during Vietnam. Therefore, the applicant is not entitled to award of 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
_aao____ _mhm____ _kah____ DENY APPLICATION
CASE ID | AR2001061723 |
SUFFIX | |
RECON | |
DATE BOARDED | 20020129 |
TYPE OF DISCHARGE | HD |
DATE OF DISCHARGE | 19710824 |
DISCHARGE AUTHORITY | AR635-200 |
DISCHARGE REASON | |
BOARD DECISION | DENY |
REVIEW AUTHORITY | |
ISSUES 1. | 61 |
2. | |
3. | |
4. | |
5. | |
6. |
ARMY | BCMR | CY2002 | 2002072337C070403
The applicant also submitted a rebuttal to the Memorandum of Consideration, dated 29 January 2002, wherein the ABCMR denied him award of the Purple Heart. The staff of the Board is authorized to determine whether or not such evidence has been submitted. However, there is no evidence of record available to the Board which shows that the applicant sustained an enemy-related injury.
ARMY | BCMR | CY2011 | 20110024388
He provided Medical Evaluation Board (MEB) proceedings, dated 30 April 1970, which state: * he was injured when blasting caps he was carrying in his right hand were detonated by sparks from an exploding trip flare while he was setting up for a night ambush * he suffered a traumatic amputation of his right forearm, below elbow * the entry "AI" 13. 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...
ARMY | BCMR | CY2008 | 20080013325
The applicant's service personnel record contains a Standard Form 600 (Chronological Record of Medical Care) which shows he was treated on 11 October 1967 for second degree burns to his fingers on his left hand. In the absence of any other corroborating evidence of record which shows that the applicant was wounded or injured as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case. ________XXX______________ CHAIRPERSON I...
ARMY | BCMR | CY2003 | 2003089076C070403
The applicant requests correction of his military records to show award of the Purple Heart. 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. However, there is no evidence of record which shows that the applicant was wounded or treated for wounds as a result of hostile action in Vietnam.
ARMY | BCMR | CY2009 | 20090002864
There is no evidence in the available records which show 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 showing that the applicant was injured or treated for wounds as a result of hostile action in Vietnam, the statements provided by the applicant are not sufficient as a basis for award of the Purple Heart. Even the applicant's former first sergeant only stated that the applicant...
ARMY | BCMR | CY2010 | 20100014964
The evidence of record shows the applicant received medical treatment on 11 February 1967 for a fragment wound to his right upper leg. f. Therefore, based on the available evidence, the applicant should be awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 27 January 1967. 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...
ARMY | BCMR | CY2015 | 20150004493
IN THE CASE OF: BOARD DATE: 2 June 2015 DOCKET NUMBER: AR20150004493 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides * self-authored statement * Standard Form (SF) 601 (Immunization Record) * page 4 of his DA Form 20 (Enlisted Qualification Record) * DD Form 214 * letter, dated 3 April 2015, to the applicant from the Army Review Boards Agency * letter, dated 23 April 2015, to the applicant from the Department of Veterans Affairs (VA) with enclosure (Patient Inquiry) *...
ARMY | BCMR | CY2012 | 20120006831
He further states the aircraft commander and he were severely injured and medically evacuated to the 67th Evacuation Hospital at Pleiku and to the 61st Medical Battalion in Qui Nhon. The applicant provides: * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 16 October 1971 * DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 30 September 1980 * Honorable Discharge Certificate * Self-authored memoir of the events that led to the...
ARMY | BCMR | CY2010 | 20100007352
This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. Army Regulation 15185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records...
ARMY | BCMR | CY2009 | 20090019338
Item 40 (Wounds) of his DA Form 20 is blank, there are no official orders in his records that show he was awarded the Purple Heart, his name is not shown on the Vietnam Casualty Listing, and his medical records are not available for review with this case 7. The evidence of record shows the applicant was awarded the Vietnam Service Medal. However, there is no evidence in his available service personnel records that shows he was wounded or injured as a result of hostile action or that he was...