| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Mark D. Manning | Chairperson | ||
| Ms. Eloise C. Prendergast | Member | ||
| Mr. Raymond J. Wagner | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that he be awarded the Purple Heart.
2. The applicant states that he was wounded and was never awarded a Purple Heart.
3. The applicant provides a photocopy of a sheet from a medical record.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an error which occurred on 16 April 1976. The application submitted in this case is dated 25 April 2003.
2. Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.
3. He enlisted on 5 June 1964, completed his basic combat training at Fort Gordon, Georgia, his advanced individual training at Fort Leonard Wood, Missouri, and his airborne training at Fort Benning, Georgia, before being assigned to the 326th Engineer Battalion at Fort Campbell, Kentucky for duty as a Pioneer. He was transferred to Vietnam with his unit on 8 July 1965.
4. He completed his tour in Vietnam on 14 July 1966 and was transferred to Fort Bragg, North Carolina, where he remained until he returned to the 326th Engineer Battalion in Vietnam on 5 September 1967. He remained in Vietnam until 4 September 1968, when he was transferred back to Fort Bragg. He was promoted to the pay grade of E-6 on 19 December 1969 and was transferred back to Vietnam on 1 September 1969, where he served until 30 August 1970.
5. He remained on active duty through a series of continuous reenlistments and served a variety of assignments in the United States and Korea before being honorably discharged on 16 April 1976, under the provisions of Army Regulation 635-200, chapter 4, and the Qualitative Management Program. He had served 11 years, 10 months and 14 days of total active service.
6. A review of the available records fails to show that the applicant was ever wounded or that he was awarded the Purple Heart. Additionally, a review of the Vietnam Casualty Listing failed to reveal his name being listed as a casualty.
7. A review of the document submitted by the applicant provides no indication of who the document pertains to and indicates on 3 December 1967 the patient was treated at the brigade aid station. The patient was wounded by mortar fire in chest and head and was evacuated to the 2nd Surgical Hospital. This document though partially legible does not provide any identification of the soldier/patient being treated.
8. 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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The Board has noted the applicant's contention that he was wounded in Vietnam and should have been awarded the Purple Heart; however, the evidence of record does not support his contention and the evidence submitted by the applicant is not sufficient to substantiate his claim that he was the person being treated.
2. Therefore, absent evidence of a more credible nature showing that the applicant is identified as the wounded/treated party, the Board finds no basis to award him the Purple Heart at this time.
3. Records show the applicant should have discovered the error or injustice now under consideration on 16 April 1976; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 16 April 1979. However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case.
BOARD VOTE:
________ ________ ________ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
mdm_____ ecp_____ rjw_____ DENY APPLICATION
| CASE ID | AR2003090816 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20031209 |
| 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. 107.0015 | 61/PH |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY1997 | 9709046
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant requests that his records be corrected to show that he was awarded the Purple Heart for shrapnel wounds he received in combat in Vietnam on 6 October 1971. The applicant’s medical records clearly show that he was wounded in action by the enemy on 6 October 1971 while serving in Vietnam.
ARMY | BCMR | CY2004 | 2004104598C070208
The medical reports that the applicant submits with his request show that he was being treated for problems with his left knee. On one report, his physician indicated that the applicant had stated that he had a history of shrapnel wounds in the left hand, and had previous shrapnel wounds to his tibia. The applicant's statement that he was immediately evacuated to Japan, thus orders were never issued for award of the Purple Heart, is not consistent with the evidence of record.
ARMY | BCMR | CY2003 | 2003090940C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests correction of his military records to show award of the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that the applicant was awarded: a. the Bronze Star Medal, First Oak Leaf Cluster; b. the Expert Marksmanship Badge with Rifle Bar; c. the Republic of Vietnam Civil...
ARMY | BCMR | CY2007 | AR20070003735C071029
The applicant requests award of the Purple Heart and Combat Infantryman Badge. United States Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for gunshot wounds that he sustained to his left leg and hip on 2 August 1966, while serving in Vietnam, in pay grade...
ARMY | BCMR | CY2007 | 20070001235
The applicant's military service records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 25 April 1973. There are no orders in the applicants military service records which show that he was awarded the Purple Heart. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by: a. correcting his DD Form 214, with an effective date of 25 April 1973, by: (1)...
ARMY | BCMR | CY2012 | 20120001453
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * Presidential Unit Citation * Four awards of the Purple Heart * Special Operations Commemorative Medal * Joint Service Commendation Medal * Korea Defense Service Medal * Air Assault Badge * Republic of Vietnam Gallantry Cross 2. Additionally, it would also be appropriate to amend GO Number 162, issued by Headquarters, 12th Support Brigade, Fort Bragg, NC, on 12...
ARMY | BCMR | CY2003 | 2003088414C070403
Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit Citation with Palm. Evidence shows that the applicant’s records contain administrative error that does not require action by the Board. The Board determined that the evidence presented is insufficient to warrant award of the Purple Heart or to excuse the applicant’s failure to file...
ARMY | BCMR | CY2004 | 2004102074C070208
The applicant requests that his records be corrected to show he was awarded three awards of the Purple Heart, three awards of the Combat Infantryman Badge (CIB), three awards of the Bronze Star Medal (BSM) based upon award of three CIBs, the Master Parachutist Badge, and the Silver Star. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD...
ARMY | BCMR | CY2011 | 20110002453
The applicant requests award of the Purple Heart and the Combat Infantryman Badge. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS). Although the 6 April 1970 medical record that the applicant submitted with his application refers to earlier treatment for multiple fragment wounds to his stomach there is no medical record that...
ARMY | BCMR | CY2012 | 20120012333
Records show the applicant's subsequent assignments as: a. The available evidence shows the applicant was a patient at the USNH in Guam. _____________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.