| Mr. Carl W. S. Chun | Director | |
| Mr. W. W. Osborn, Jr. | Analyst |
| Mr. Ted S. Kanamine | Chairperson | |
| Mr. John T. Meixell | Member | |
| Mr. Harry B. Oberg | Member |
APPLICANT REQUESTS: That he be awarded the Purple Heart.
APPLICANT STATES: He states that his medical records were lost before he returned to the United States. This deprived him of the Purple Heart. He was injured when the recoil of an artillery piece hit him in the hip and caused him trouble in walking. He sustained 1st, 2nd and 3rd degree burns and a groin injury that caused him to be sterile. He was on a raid with C Battery, 2nd Battalion, 320th Artillery when they were over-run. He broke his small fingers while returning fire. While serving in Korea, he re-injured his back and was unable to walk. He was hospitalized at the 121st Evacuation Hospital. He cites 9 April 1969 as the date of discovery and believes the Board should consider the merits of his case because this is not the first time he has addressed this issue. He believes that a search of his official records will show that he was hospitalized and treated for injuries sustained in combat.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant retired on 30 June 1986, as a first sergeant with 20 years of continuous active duty. He served in Vietnam as a cannoneer from April 1968 to April 1969.
Block 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does not list the Purple Heart and neither does Block 13 Decorations, Medals, Badges and Campaign Ribbons) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
There are no available medical records. The applicant's name does not appear on the Vietnam casualty list.
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 by a medical officer, and the medical treatment must have been made a matter of official record.
Army Regulation 600-200, Enlisted Personnel Management System, sets forth, in pertinent part, the provisions for the promotion of enlisted personnel. Awards are included among those factors that determine an individual's promotion point score.
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's contentions have been noted; however, there is no substantiating evidence to show that the applicant was treated for a wound or injury sustained as the result of enemy action.
2. As a career soldier facing promotion consideration on a recurring basis the applicant had a significant interest in establishing his entitlement to award(s) of the Purple Heart, yet there is no evidence of record that he did so.
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
__tsk____ __jtm ___ __hbo___ DENY APPLICATION
| CASE ID | AR2002066779 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020711 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2003 | 2003086803C070212
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. 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. That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the Republic of Vietnam Civil Actions Honor Medal...
ARMY | BCMR | CY2009 | 20090004772
Counsel requests reconsideration of the applicant's earlier request for correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart. h. Medical document, dated 19 December 1944, shows the following entries: (1) the applicant was WIA (wounded in action) by shell fragments to his chin and right shoulder incurred due to enemy action in combat on 2 November 1944 near Stohlberg, Germany, as per his statement; (2) the applicant suffered a rifle...
ARMY | BCMR | CY2007 | 20070013984
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 April 2008 DOCKET NUMBER: AR20070013984 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 applicant states, in effect, that he should be awarded the Purple Heart based upon the fact that he was wounded during battle while serving in the Republic of Vietnam. Although the applicant contends that he was...
ARMY | BCMR | CY2014 | 20140015624
The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * National Archives (NA) Form 13038 (Certification of Military Service) * Standard Form (SF) 600 (Chronological Record of Medical Care) * SF 93 (Report of Medical History), dated 20 November 1980 * a note, dated 21 January 1992, from Dr. C CONSIDERATION OF EVIDENCE: 1. He also indicated his left leg was crushed in Germany which caused constant pain. Army Regulation 600-8-22 (Military Awards) states...
ARMY | BCMR | CY2014 | 20140011992
Application for correction of military records (with supporting documents provided, if any). The applicant's military records are not available to the Board for review. Regrettably, absent evidence that conclusively shows he sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is an insufficient evidentiary basis for awarding the applicant the...
ARMY | BCMR | CY2014 | 20140004441
That is why he was removed from jump status due to medical reasons and transferred to a non-airborne unit for the remainder of his time. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. In the absence of additional documentation that conclusively shows he was wounded or injured as a result of enemy action...
ARMY | BCMR | CY2006 | 20060012006
The problems with his back, right foot, and right hip were the result of his injury to his left hip. 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 AR20050015826 on 20 July 2006. There are no orders in the applicant's personnel records which show he was awarded the Purple Heart.
ARMY | BCMR | CY2005 | 20050006891C070206
The applicant’s military records are not available to the Board for review. However, he has failed to show through the evidence submitted with his application or the evidence of record that he was in fact wounded as a result of enemy action and that the wounds/injuries were treated by medical personnel and made a matter of record at the time. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.
ARMY | BCMR | CY2012 | 20120000825
The applicant's military and medical records are not available to the Board for review. The case is being considered using the DD Form 214 and medical records provided with the application. Notwithstanding his sincerity, in the absence of official documentary evidence to corroborate the events that led to his alleged injury, or additional documentation that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient...
ARMY | BCMR | CY2005 | 20050001681C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 October 2005 DOCKET NUMBER: AR20050001681 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 applicant requests his records be corrected to reflect he was injured while in Vietnam while under hostile fire and that he was forced to go back to active duty after his injury. Records show the applicant...