RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 June 2004
DOCKET NUMBER: AR2004100275
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 |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Ms. Margaret K. Patterson | |Chairperson |
| |Mr. William D. Powers | |Member |
| |Ms. Mae M. Bullock | |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).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests reconsideration of his earlier request that he
be awarded multiple awards of the Purple Heart.
2. The applicant states, in effect, that he was wounded six times.
3. The applicant provides the records corrections made as a result of his
original request and a Department of Veterans Affairs (VA) Rating Decision
dated 15 September 2003.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2002080276 on 11 March 2003.
2. The VA Rating Decision is new evidence which will be considered by the
Board.
3. After having had prior service, the applicant enlisted in the Regular
Army on 28 May 1965. He was assigned to Headquarters and Headquarters
Company, 5th Special Forces Group in Vietnam as a communications center
specialist from 26 June 1967 through 28 December 1967 and to Company B, 5th
Special Forces Group as a medical specialist from 29 December 1967 through
10 March 1968. He was released from active duty on 27 May 1968.
4. There is no evidence in the applicant's service personnel records to
show he was wounded in action. His service medical records are not
available. His name is not on the Vietnam Casualty Roster.
5. The VA Rating Decision provided by the applicant shows that the VA has
awarded him service-connected disability ratings for scars on the left
forearm, right hand, back, and left lower extremity. The VA noted in the
"Reasons for Decision" discussion for all the scar injuries, "You stated
that you were wounded on numerous occasions in Vietnam and as a medic you
self-treated yourself and did not report the injuries but continued to teat
more seriously wounded combatants. Your statement s found to be creditable
based on your military occupational specialty and unit of assignment."
6. Army Regulation 600-8-22 (Military Awards) states 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 by a
medical officer, and the medical treatment must have been made a matter of
official record.
DISCUSSION AND CONCLUSIONS:
The VA Rating Decision provided by the applicant has been carefully
considered. It is noted that the VA accepted the applicant's personal
statement that he was wounded on numerous occasions. The VA follows its
own policies and regulations in awarding service-connected disability
ratings. However, the Rating Decision is insufficient evidence on which to
base award of the Purple Heart.
BOARD VOTE:
________ ________ ________ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
__mkp___ __wdp___ __mmb___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable
error or injustice. Therefore, the Board determined that the overall
merits of this case are insufficient as a basis to amend the decision of
the ABCMR set forth in Docket Number AR2002080276 dated 11 March 2003.
__Margaret K. Patterson
CHAIRPERSON
INDEX
|CASE ID |AR2004100275 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20040617 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Mr. Chun |
|ISSUES 1. |107.0015 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
ARMY | BCMR | CY2003 | 2003084532C070212
His DD Form 214 for the period 27 January 1967 through 11 December 1978 does not show that he was awarded the Purple Heart. Army Regulation 600-8-22 (Military Awards) states that the Purple Heart is awarded for a wound sustained as a result of hostile action. There is sufficient evidence of record to show the applicant was wounded twice and awarded the Purple Heart both times.
ARMY | BCMR | CY2003 | 2003089531C070403
The applicant states, in effect, that his DD Form 214 does not include the Purple Heart for wounds he received in Vietnam. He was returned to Vietnam on 4 May 1967 and completed his tour on 26 September 1967. Although there is no evidence present which shows that the applicant was ever awarded the Purple Heart, there is sufficient evidence present to show that he was in fact wounded, that he was treated by medical personnel and that he was reported as a casualty.
ARMY | BCMR | CY2003 | 2003091150C070212
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. These orders confirm that the applicant was awarded the PH, for being wounded in action on 9 September 1967. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.
ARMY | BCMR | CY2014 | 20140006363
The applicant states he was awarded the Purple Heart for combat wounds he sustained during the Vietnam War. The medical records provided by the applicant are new evidence, which requires the Board reconsider his request. Army Regulation 600-8-22 (Military Awards) states the Purple Heart was awarded for a wound sustained as a result of hostile action.
ARMY | BCMR | CY2002 | 2002077954C070215
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be amended to add the Purple Heart. Army Regulation 600-8-22, Military Awards, provides for award of the Purple Heart for a wound sustained as a result of hostile action. The evidence of record shows the applicant was wounded in action on 6 March 1969.
ARMY | BCMR | CY2003 | 2003091787C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. There are no orders in the applicant's service personnel records that show he was awarded the Purple Heart. However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam and is entitled to award of four BSSs for wear on his Vietnam Service Medal.
ARMY | BCMR | CY2007 | 20070014117
The applicant provides several documents from his military personnel file in support of his request. The applicant's DD Forms 214 (dated 31 March 1968 and 1 February 1971) failed to show the Purple Heart as an authorized award. There are no orders officially awarding the applicant the Purple Heart, he is not listed on the Vietnam Casualty List, and there are no medical records available to show that he was treated for a wound as a result of hostile action.
ARMY | BCMR | CY2003 | 2003085602C070212
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. The applicant states that he was wounded in action in 1967. 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 on 21 March 1967.
ARMY | BCMR | CY2004 | 04102110C070208
Patrick McGann | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Their letter informed the applicant that the criteria required that a wound require treatment by medical personnel and that the wound be made a matter of official record and that award of the Purple Heart could not be based solely on the Department of Veterans Affairs “granting of service connected disabilities.” 6. While the applicant notes that he did not...
ARMY | BCMR | CY2003 | 2003086317C070212
Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, shows that he was awarded the following: National Defense Service Medal; Vietnam Service Medal with 4 bronze service stars; the Republic of Vietnam Campaign Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards...