| Mr. Carl W. S. Chun | Director | |
| Mr. Kenneth H. Aucock | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Ms. Kathleen A. Newman | Member | |
| Mr. Richard T. Dunbar | Member |
APPLICANT REQUESTS: Award of the Purple Heart.
APPLICANT STATES: That his in-service gunshot wound be recognized with the award of the Purple Heart.
The applicant provides a statement from a person who served with him in Vietnam. That individual stated that he was the driver of a gun truck and the applicant was the gunner, and that while on a convoy they were ambushed and stopped to return fire. While under fire the applicant’s .50 caliber machine gun blew up on him causing powder burns and shrapnel [wounds] to his face and chest area. He stated that he believes the action to have been around August 1971. He also stated that on a later convoy, they again were ambushed, and while reaching for ammunition, the applicant’s .50 caliber machine gun started to swing in front of another gunner’s machine gun. The applicant grabbed the barrel of the gun to stop it, badly burning his hand.
The applicant provides pages from a VA rating decision, which indicates that the VA accepted the “buddy” statement as sufficient evidence to establish that a verified inservice stressor occurred. That decision also indicates that the VA determined that service connection for a residual scar for a shell fragment wound to the applicant’s abdomen was directly related to his military service. It indicated that a VA examination did show that the applicant burned the palmar surface of his right hand when he grabbed onto a hot machine gun barrel superficially burning the palmar surface of his right hand.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Army for three years on 29 January 1971, completed training, and in July 1971 was assigned to the 597th Transportation Company in Vietnam as a truck driver. The applicant participated in three campaigns during his tour in Vietnam – Consolidation I, Consolidation II, and Vietnam Cease-Fire. The unit to which he was assigned was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm.
The applicant returned to the United States in April 1972 and began a series of AWOLs.
An 8 August 1972 report of medical examination shows that the applicant physically qualified for separation with a physical profile serial of 1 1 1 1 1 1. That report makes no mention of wounds incurred by the applicant. In the report of medical history that he furnished for the examination, the applicant stated that he was in good health. He made no mention of any wounds, burns, or other injuries that he suffered. He indicated that he had never been a patient in any type of hospital, and that he had never consulted or been treated by clinics, physicians, healers, or other practitioners within the past 5 years, other than minor illnesses.
On 10 November 1972 he requested discharge for the good of the service in lieu of trial by court-martial. His request was approved by the separation authority. The applicant was discharged on 21 December 1972. He had 1 year, 8 months, and 14 days of service, and 68 days of lost time. His DD Form 214 does not show award of the Purple Heart. His DA Form 20 (Enlisted Qualification Record) does not show award of the Purple Heart, and does not show that he sustained any wounds.
The applicant’s DD Form 214 shows award of the Vietnam Service Medal but does not reflect that he participated in three campaigns by indicating award of three bronze service stars with that medal. That form also does not show award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm.
Army Regulation 600-8-22 provides 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.
Information from the Total Army Personnel Command Awards Branch indicated that there was no record of the applicant having received an award of the Purple Heart, nor any record that he was listed as a casualty on the Vietnam casualty roster maintained by that agency.
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. Notwithstanding the applicant’s statement, the information provided by a former comrade, and the information contained in the pages of a VA rating decision, there is no evidence that the applicant was wounded as a result of hostile action. There is no evidence that he was treated for a wound, and no record of treatment. There is insufficient evidence to grant the applicant’s request.
2. The applicant has submitted neither probative evidence nor a convincing argument in support of 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 that 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.
NOTE: The ARBA Support Division in St. Louis is requested to correct the applicant’s records to show award of the Vietnam Service Medal with three bronze service stars and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__INW __ __KAN __ __RTD __ DENY APPLICATION
| CASE ID | AR2002071468 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020627 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.00 |
| 2. | 61 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2007 | 20070000642
The applicant contends that he is entitled to award of the Purple Heart because of injuries sustained as a result of his daily duties in the Republic of Vietnam. Therefore, he is entitled to correction of his records to show this award. Record shows the applicant was awarded the Vietnam Service Medal.
ARMY | BCMR | CY2003 | 2003090035C070212
The applicant requests that his record reflect award of the Purple Heart and the Bronze Star Medal. The applicant states that he was awarded the Purple Heart for being wounded in action in Cambodia during the war in Vietnam. Because there is no evidence that the applicant was awarded the Silver Star or the Bronze Star Medal, or recommended for those awards, the Board cannot grant his request for those awards.
ARMY | BCMR | CY2007 | 20070016522
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The case was considered by the Board as AR2003093948. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart for wounds sustained as the result of hostile action on 19 October 1967 and by showing that is authorized to wear four bronze service stars on his already-awarded Vietnam Service Medal.
ARMY | BCMR | CY2011 | 20110024948
The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. The applicant's excellent conduct and efficiency ratings, offense-free record, wartime service, and personal decorations are sufficient to support award of the Army Good Conduct Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the...
CG | BCMR | Medals and Awards | 2011-058
This final decision, dated August 18, 2011, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATION As in the original proceeding, the applicant asked the Board on reconsideration to correct his record to show that he received a Purple Heart Medal for injuries suffered during combat in Vietnam. The applicant stated the he did not receive medical treatment because there was no medical officer available to treat his wounds at that time. However, in the original case, the...
ARMY | BCMR | CY2003 | 2003086884C070212
There is no evidence in the applicant's service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action. The applicant's military records show that he participated in four campaigns during his assignment in Vietnam. However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly shown by award of four bronze service stars for wear on his Vietnam Service Medal.
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 | CY2005 | 20050016404C070206
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the award of the Purple Heart with Oak Leaf Cluster. The applicant states he should have been awarded the Purple Heart for wounds sustained on 9 January 1966, while serving in the Republic of Vietnam. The applicant requests that his DD Form 214 be corrected to show the award of the Purple Heart.
ARMY | BCMR | CY2013 | 20130012776
On 25 May 1978, the Army Discharge Review Board affirmed the upgrade of his discharge and issued a DD Form 215 (Correction to DD Form 214) reflecting the change. The evidence of records show he served in Vietnam during two campaigns. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * adding to his DD Form 214 ending on 3 August 1972 the: * Purple Heart (1st Award) * Vietnam Service Medal with two bronze service stars *...
ARMY | BCMR | CY2014 | 20140021384
The applicant requests correction of his military records to show he was awarded the Purple Heart for a wound received while serving in the Republic of Vietnam (RVN). He told the medic about his right knee. The applicant states that at the time he was not sure how he sustained the injury to his right knee, but thought he might have hit his knee on a rock.