| Mr. Carl W. S. Chun | Director | |
| Mr. Vic Whitney | Analyst |
| Mr. Raymond J. Wagner | Chairperson | |
| Mr. Robert Duecaster | Member | |
| Mr. Melvin H. Meyer | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his records be corrected to show award of the Purple Heart.
2. The applicant states that he was injured in Vietnam when he was run over by an armored personnel carrier.
3. The applicant provides a copy of his DD Form 214 (Report of Transfer or Discharge).
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of error, which occurred on 12 February 1971, the date of his separation from active duty. The application submitted in this case is dated 28 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. The applicant was inducted and entered active duty on 9 July 1969. He was trained as an infantryman and later assigned to Vietnam. He served in Vietnam from 5 July to 27 November 1970 as an infantry team leader with Company A, 1/61st Infantry, 5th Infantry Division.
4. Effective 12 February 1971, the applicant was separated from active duty in pay grade E-5 and transferred to the Army Reserve with 1 year, 7 months, and 4 days creditable active duty and 8 days lost time. The authorized awards shown on his DD Form 214 were the Combat Infantryman Badge, the Vietnam Service Medal, and the National Defense Service Medal.
5. A review of available records did not reveal an order for the applicant for the Purple Heart and his name did not appear on the Vietnam Casualty List. The available records contain a casualty report on the applicant dated 16 November 1970 prepared by the battalion adjutant. It states that the applicant suffered a possible fracture of the right ankle and possible pelvis damage. The injury occurred when the applicant was on guard duty in front of a track (armored personnel carrier) when he was hit by the track. The final statement made was that there was no enemy action involved.
6. Army Regulation 672-5-1(Military Awards), in effect at the time, provides, in pertinent part, that the Purple Heart is awarded for a wound or injury 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.
7. Army Regulation 672-5-1 also provided, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and campaign credit received by units serving in Vietnam. This document shows the unit to which the applicant was assigned participated in two campaigns during his period of assignment and was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 8, dated 1974. It also shows that the unit was awarded the Republic of Vietnam Civil Actions Honor Medal by Department of the Army General Orders Number 24, dated 1972.
DISCUSSION AND CONCLUSIONS:
1. The available records show that the applicant did not meet the regulatory requirement for award of the Purple Heart and the information he provides does not provide a basis for the award now.
2. Records show the applicant should have discovered the alleged error or injustice now under consideration on 12 February 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 11 February 1974. 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.
3. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Therefore, administrative correction of the applicant's records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below.
BOARD VOTE:
________ ________ ________ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
__rw___ ___rd___ ___mm____ DENY APPLICATION
| CASE ID | AR2003090823 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20040219 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2004 | 20040011725C070208
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. Department of the Army Pamphlet 672-3 also shows the applicant's unit (11th Armored Cavalry) is entitled to one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (7 September 1966 to 10 August 1968) based on Department of the Army General Orders Number 60, dated 1969, and one award of the Republic of Vietnam...
ARMY | BCMR | CY2006 | 20060011080
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 February 2007 DOCKET NUMBER: AR20060011080 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. In support of his claim, the applicant provided a 2003 DVA medical record which shows he reported that he injured his back a second time in Vietnam when a mortar round detonated close by and threw him in the air and...
ARMY | BCMR | CY2002 | 2002070182C070402
He also states that he never received the Purple Heart “even though I was injured (wounded) and hospitalized.” In support of his application, the applicant submitted 26 pages of his service medical records. There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action during his assignment in Vietnam. Orders show that the applicant is entitled to award...
ARMY | BCMR | CY2004 | 2004105881C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 November 2004 DOCKET NUMBER: AR2004105881 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. Therefore, these statements by themselves are not sufficient as a basis for award of the Purple Heart, particularly when other evidence of record shows he was not wounded as a result of hostile action. Therefore, the...
ARMY | BCMR | CY2005 | 20050003401C070206
In reference to the applicant's request to be awarded the CIB, there is no evidence in the available records to show that the applicant should be awarded the CIB. Evidence also shows that the applicant participated in three campaigns during his service in Vietnam. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.
ARMY | BCMR | CY2003 | 2003089754C070403
There are no orders in the applicant’s service personnel records that show he was awarded the Purple Heart. Evidence shows that the applicant’s records contain administrative error, which does not require action by the Board. The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested.
ARMY | BCMR | CY2006 | 20060012013
There is no evidence in his service personnel records which shows that he was wounded or injured as a result of hostile action or treated for such wounds on any day other than 11 August 1969 for which he was awarded the Purple Heart. In the absence of evidence that the applicant sustained additional wounds as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart (First Oak Leaf Cluster) in this case. Therefore,...
ARMY | BCMR | CY2006 | 20060011484
The applicant requests correction of his military records to show award of the Purple Heart for wounds received in the Republic of Vietnam. Therefore, his records should be corrected to show these unit awards. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Presidential Unit Citation, Meritorious Unit Commendation, and...
ARMY | BCMR | CY2006 | 20060010930
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 February 2007 DOCKET NUMBER: AR20060010930 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. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. There are no orders in the applicant's service personnel...
ARMY | BCMR | CY2003 | 2003087421C070212
The applicant's service personnel records show the applicant participated in one campaign during his assignment in Vietnam. However, evidence of record shows the applicant participated in one campaign during his assignment in Vietnam which is not correctly shown by award of one bronze service star for wear on his Vietnam Service Medal. That all of the Department of the Army records related to this case be corrected by awarding the applicant the Purple Heart for wounds received in action on...