| Mr. Carl W. S. Chun | Director | |
| Mr. Paul Wright | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Mr. Terry L. Placek | Member | |
| Mr. Robert L. Duecaster | Member |
2. The applicant requests that his records be corrected to show award of the Purple Heart.
3. The applicant states that he was injured in Germany in November 1963. He states that he almost lost his life while riding in the back of a 5-ton truck which overturned, pinning him beneath the truck for 2 hours. He states that he still suffers physical ailments from the accident to this day. The attachments to his application he believes support his request. These records show the extent of the injuries he received as a result of the accident and the injuries suffered through the years and he presently still has. He feels he deserves this honor because he gave his all as so many other men and women have in the past and future. In support of his application, he submits letters, medical records from his military service, contemporary medical records, Veterans Administration medical records and claims for Post-Traumatic Stress Disorder (PTSD), and a copy of his DD Form 214 (Armed Forces Report of Transfer or Discharge).
4. The applicant’s military records show that he enlisted in the Regular Army on 13 June 1961 for a period of 3 years. He successfully completed basic combat training and advanced individual training (AIT). Upon graduation from AIT, he was awarded military occupational specialty (MOS) 710.00, Basic Army Administration. He subsequently was assigned to Germany with the 7th Cavalry Regiment with duties as a clerk.
5. On 27 November 1963, the applicant was riding in a trailer towed behind a 5-ton mess truck. The driver lost control of the vehicle causing it and the trailer to overturn. The applicant sustained numerous injuries, including a fracture of the right clavicle and scapula, and a collapsed right lung. He was hospitalized and recovered, returning to full duty.
6. On 18 March 1964, the applicant received a separation physical examination and was found qualified for separation. Item 38 of Standard Form 88 (Report of Medical Examination) indicates "No limitation of range of motion, or tenderness of spine, scapula, or ribs."
7. On 28 May 1964, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows he completed 2 years, 11 months, and 16 days of active Federal service with no lost time. His only award was the Sharpshooter Marksmanship Badge (M-14 Rifle).
8. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record. The criteria for the PH has not changed throughout the years.
9. AR 600-8-22 also provides that the Good Conduct Medal (GCMDL) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.
10. AR 600-8-22 further provides, in pertinent part, for award of the National Defense Service Medal (NDSM) for honorable active service for any period between 27 June 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, and 2 August 1990 and 30 November 1995. For the purpose of the award, the following persons are not considered as performing active service: (1) Guard and Reserve forces personnel on short tours of duty to fulfill training obligations under an inactive duty training program; (2) Any person on active duty for the sole purpose of undergoing a physical examination; (3) Any person on temporary active duty to serve on boards, courts, commissions and like organizations or on active duty for purposes other than extended active duty.
CONCLUSIONS:
1. The applicant served in the Regular Army in Germany during peacetime; he did not serve in a combat theater of operations. Furthermore, the applicant was injured in a vehicle accident; he was not wounded as a result of enemy actions. The regulation governing award of the Purple Heart clearly states that it is awarded for a wound (not an injury) sustained as a result of hostile action (not a vehicle accident in peacetime). The applicant is not entitled to the Purple Heart.
2. The applicant is entitled to award of the Good Conduct Medal and the National Defense Service Medal. These awards should be reflected on his DD Form 214.
3. In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by awarding to the individual concerned:
(a) The Good Conduct Medal for the period from 13 June 1961 through 28 May 1964; and
(b) The National Defense Service Medal for the period 13 June 1961 through 28 May 1964.
2. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
__rvo___ __tlp___ __rld___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Raymond V. O'Connor, Jr.
______________________
CHAIRPERSON
| CASE ID | AR2002080371 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030424 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | 19640528 |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (GRANT) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.0015 |
| 2. | 107.0056 |
| 3. | 107.0069 |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2007 | 20070009743C080213
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 November 2007 DOCKET NUMBER: AR20070009743 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. On 12 July 1968, a PEB recommended the FSM be permanently retired due to the injuries he suffered in the vehicle accident. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records...
ARMY | BCMR | CY2009 | 20090021260
The applicant states, in effect, he is entitled to award of the Purple Heart due to the fact he sustained an injury to his head while serving on active duty during the Vietnam Era. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile action...
ARMY | BCMR | CY2006 | 20060011145
The Board considered the following evidence: Exhibit A - Application for correction of military records. The only evidence available for the Board's review was submitted by the applicant. The applicant indicates he was "injured in the arm and leg," and the lieutenant's statement merely indicates the applicant was "injured slightly" when the kitchen truck overturned.
ARMY | BCMR | CY2003 | 03096808C070212
The applicant requests reconsideration of his previous request for award of the Purple Heart based on injuries he sustained during a motor vehicle accident after cessation of hostiles in Germany during World War II. Contrary to the applicant’s argument, the Purple Hearts awarded as a result of the recent terrorist activities does not serve as justification that he too should be entitled to an award of the Purple Heart. Evidence shows that the applicant’s records contain...
ARMY | BCMR | CY2003 | 2003090826C070212
There were no medical records available to the Board, or provided by the applicant. The applicant’s Department of the Army Form 20 (Enlisted Qualification Record) reflects other awards and decorations which the applicant received during his more than 21 years of active Federal service. There is no evidence, and the applicant has not provided any, which confirms he was wounded as a result of hostile actions while in Korea.
ARMY | BCMR | CY2011 | 20110008139
Army Regulation 672-5-1 (Military Awards), then in effect, provided that the Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who while serving under competent authority in any capacity with one of the U.S. Armed Services had been wounded, killed, or who had died as a result of a wound sustained as a result of hostile action. He specifically states that no one knew if the truck was hit by enemy fire or a landmine. _______ X_ _______...
ARMY | BCMR | CY2009 | 20090014233
The applicant states that the FSM should be awarded the Purple Heart for an injury he suffered during war service and the subsequent deformity of his leg. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Notwithstanding the applicant's sincerity, in the absence of additional documentation that conclusively shows the FSM was wounded or injured as a...
ARMY | BCMR | CY2003 | 2003091081C070212
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. She also requests, in effect, that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect her name as indicated on her application to this Board. The applicant states that the awards, accomplishments, and licensees due her are the National Defense Service Medal, the...
ARMY | BCMR | CY2010 | 20100020032
Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not reflect a combat wound or injury and item 41 (Awards and Decorations) does not show award of the Purple Heart. In this case, the evidence of record shows the applicant's finger injury resulted from an unfortunate accident. Additionally, his record is void of any orders that show he was awarded the Purple Heart, his name is not shown on the Vietnam casualty roster, his DA Form 20 does not indicate any combat wounds,...
ARMY | BCMR | CY2008 | 20080005955
Item 41 (Awards and Decorations) of the applicant's several DA Forms 20 do not show award of the Purple Heart. In the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case. XXX _______________________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...