Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002071920C070403
Original file (2002071920C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 July 2002
         DOCKET NUMBER: AR2002071920


         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. Karol A. Kennedy Chairperson
Mr. Arthur A. Omartian Member
Mr. Raymond J. Wagner 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 is entitled to award of the Purple Heart for wounds received in Vietnam in 1971. In support of his application, he submits two eyewitness statements.

4. The applicant’s military records show that he enlisted on 4 June 1966. He remained on active duty through continuous reenlistments until he was honorably discharged in the rank of sergeant first class on 4 March 1982.

5. The applicant’s DD Form 214 with an effective date of 8 April 1975 shows that he served as a light weapons infantryman in Vietnam from 30 March 1971 through 4 February 1972. This DD Form 214 does not show the Purple Heart as an authorized award.

6. 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 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).

7. In support of his claim for award of the Purple Heart, the applicant provided an eyewitness statement, dated 29 June 2001. This statement is from a retired U.S. Air Force colonel, who was a Special Forces medic at the time in question. He attests that the applicant was a member of a long range recon team from a classified unit (Task Force 1 Advisory Element) in August 1971, that the team came under fire from the enemy and that the applicant received shrapnel injuries to his face, back and legs. He also attests that since he was a Special Forces medic he was familiar with all medical actions occurring in the camp. He states that the applicant received medical treatment by the medic on duty in the camp, and that the applicant did not want to be admitted to the hospital, but instead chose to remain with the unit.

8. The applicant also provided an eyewitness statement, dated 12 June 2001, from the recon company commander at the time in question. He attests that in August 1971 the applicant received multiple fragmentation wounds while a member of a recon team as a result of contact with a hostile enemy force in Vietnam. He also attests that the applicant was treated for these injuries.

9. 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 Board considered the eyewitness statements provided in support of the applicant’s claim for award of the Purple Heart. The Board finds these statements sufficient as a basis for award of the Purple Heart. Therefore, the applicant is entitled to award of the Purple Heart and correction of his military records to show this award.

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 for wounds received in action in August 1971 in Vietnam.

BOARD VOTE:

KAK___ AAO____ RJW_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Karol A. Kennedy_________
                  CHAIRPERSON




INDEX

CASE ID AR2002071920
SUFFIX
RECON
DATE BOARDED 20020702
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002078530C070215

    Original file (2002078530C070215.rtf) Auto-classification: Denied

    The applicant provided a personal account of his wounding, dated 5 June 2002. In this addendum, the former platoon leader attests that he was the applicant's platoon leader at the time of his wounding, that he was physically present at the time of the applicant's wounding by enemy ground fire, and that he personally saw the wound as the applicant received field medical treatment. However, in the absence of orders or other evidence of record showing the applicant was wounded or treated for...

  • ARMY | BCMR | CY2005 | 20050001215C070206

    Original file (20050001215C070206.doc) Auto-classification: Approved

    The applicant requests correction of his military records to show award of the Purple Heart. The applicant participated in three campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the first award of the Good Conduct Medal for the period 15 September 1969 through 19 April 1971;...

  • ARMY | BCMR | CY2005 | 20050001215C070206

    Original file (20050001215C070206.TXT) Auto-classification: Approved

    The applicant requests correction of his military records to show award of the Purple Heart. The applicant participated in three campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the first award of the Good Conduct Medal for the period 15 September 1969 through 19 April 1971;...

  • ARMY | BCMR | CY2002 | 2002072406C070403

    Original file (2002072406C070403.rtf) Auto-classification: Approved

    The applicant requests that his military records be corrected to show he was awarded the Purple Heart. The applicant states, in effect, that he is entitled to the Purple Heart for a friendly fire injury he received in combat in Vietnam. While the Board has no reason to doubt the applicant’s statement that he was in fact wounded, documentary evidence is required to correct a military record.

  • ARMY | BCMR | CY2001 | 2001060862C070421

    Original file (2001060862C070421.rtf) Auto-classification: Denied

    In support of his application, he submits an eyewitness statement, dated 23 July 2001; a neurosurgical examination, dated 20 December 1993; an Honorable Discharge Certificate, dated 24 October 1952; his DD Form 214; a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service); and a photograph of a tank. The DD Form 214 with an effective date of 24 October 1952 contained in the applicant’s service personnel records, which was authenticated in his own hand, does not...

  • ARMY | BCMR | CY2002 | 2002071357C070402

    Original file (2002071357C070402.rtf) Auto-classification: Approved

    The applicant requests that his military records be corrected to show he was awarded the Purple Heart. While the Board has no reason to doubt the applicant’s statement that he was in fact wounded, documentary evidence is required to correct a military record. However these statements and the other submitted unofficial documents are not sufficient by themselves as a basis for award of the Purple Heart in view of evidence of record which shows the applicant was not wounded and was not...

  • ARMY | BCMR | CY2003 | 2003084763C070212

    Original file (2003084763C070212.rtf) Auto-classification: Approved

    There is no evidence in the applicant's personnel service records which shows that he was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. Therefore, the applicant is entitled to award of the Purple Heart for wounds sustained as a result of hostile action on 25 December 1971 in Vietnam and correction of his DD Form 214 with an effective date of 29 October 1973 to show this award. Therefore, the applicant is entitled to correction of his DD Form 214 with an...

  • ARMY | BCMR | CY2002 | 2002069223C070402

    Original file (2002069223C070402.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS :Reconsideration of his previous applications to correct his military records by awarding him the Purple Heart. The staff of the Board is authorized to determine whether or not such evidence has been submitted.

  • ARMY | BCMR | CY2007 | 20070015665

    Original file (20070015665.TXT) Auto-classification: Approved

    Headquarters, 71st Evacuation Hospital, General Orders Number 36, dated 31 March 1970, show that the wounded Soldier, described in the applicant's self-authored statement, was awarded the Purple Heart for wounds received in action on 30 March 1970. b. Therefore, there is sufficient evidence to grant the applicant the Purple Heart and correct his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...

  • ARMY | BCMR | CY2007 | 20070000711

    Original file (20070000711.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 July 2007 DOCKET NUMBER: AR20070000711 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 any other evidence which...