RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 2 September 2004
DOCKET NUMBER: AR2004101043
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:
| |Mr. Walter T. Morrison | |Chairperson |
| |Mr. William D. Powers | |Member |
| |Mr. Ronald J. Weaver | |Member |
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 request for award of the
Purple Heart.
2. The applicant states that he requested a formal hearing. The whole
country of Vietnam was a hostile theater.
3. The applicant provides a letter dated 27 June 2003 from the Department
of Veterans Affairs; copies of his service medical records; and a copy of
his discharge packet.
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
AR2003088113 on 23 October 2003.
2. The applicant enlisted in the Regular Army on 24 December 1964. He
arrived in Vietnam and was assigned to Company A, 2d Battalion (Airborne),
503d Infantry, 173d Airborne Brigade on 13 July 1965.
3. The applicant's service medical records show he was injured as a result
of hostile action (IRHA) on 26 January 1966 and treated for a fragmentation
wound of the left foot.
4. The applicant departed Vietnam on 12 July 1966. He separated on 8
April 1968. His DD Form 214 (Report of Separation from Active Duty) does
not show award of the Purple Heart.
5. 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.
6. Army Regulation 15-185 governs operations of the ABCMR. Paragraph 2-11
of this regulation states that applicants do not have a right to a hearing
before the ABCMR. The regulation provides that the Director of the ABCMR
or the ABCMR may grant a formal hearing before which the applicant,
counsel, and witnesses may appear whenever justice requires.
DISCUSSION AND CONCLUSIONS:
The applicant's service medical records confirm that he was injured as a
result of hostile action on 26 January 1966 and treated for those wounds by
medical personnel. He met the eligibility criteria for award of the Purple
Heart.
BOARD VOTE:
__wtm___ __wdp___ __rjw___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
amendment of the ABCMR’s decision in Docket Number AR2003088113 dated 23
October 2003. 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 wounds received on 26 January
1966; and
b. amending his DD Form 214 to add the Purple Heart.
__Walter T. Morrison__
CHAIRPERSON
INDEX
|CASE ID |AR2004101043 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20040902 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. |107.0015 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
-----------------------
[pic]
ARMY | BCMR | CY2010 | 20100008090
The applicant requests correction of his records to show award of the Purple Heart. The evidence of record does not show he was wounded in action during his tour in Vietnam. In the absence of any other corroborating evidence of record which shows the applicant was wounded or injured as a result of hostile action, regrettably there is insufficient evidence upon which to base correction of his records to show award of the Purple Heart in this case.
ARMY | BCMR | CY2014 | 20140000609
The applicant provides as new evidence a witness statement which was not previously reviewed by the ABCMR and warrants consideration by the Board. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. The witness statement he provides details the incident that resulted in the applicant's injury; however, there is no conclusive evidence that the wound was caused by the enemy and...
ARMY | BCMR | CY2003 | 2003088738C070403
The applicant submitted two DD Forms 149 (Application for Correction of Military Records), one is dated 19 March 2003, and the other is dated 17 April 2003. 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). Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.
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 | CY2006 | 20060001070C070205
There are no orders in the applicant’s service personnel record which show that he was awarded the Purple Heart. This ruling, in effect, granted the Service Secretaries the authority to award the Purple Heart to individuals directly engaged in armed conflict that were killed or wounded as a result of "friendly fire." Therefore, in the absence of official documentary evidence substantiating medical treatment of the applicant's wounds, there is insufficient evidence upon which to base award...
ARMY | BCMR | CY2002 | 2002077114C070215
The Soldier’s Medal is awarded to any person of the Armed Forces of the United States or of a friendly foreign nation who, while serving in any capacity with the Army of the United states, distinguished himself or herself by heroism not involving actual conflict with the enemy. The evidence of record fails to show that the applicant was wounded/injured as a result of enemy action. Additionally, there is no evidence that the applicant was recommended for an award of the Soldier’s Medal...
ARMY | BCMR | CY2007 | 20070014478
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 February 2008 DOCKET NUMBER: AR20070014478 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 are no general orders in the applicant's records to show he was awarded 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...
ARMY | BCMR | CY2003 | 2003088113C070403
APPLICANT REQUESTS: The applicant requests award of the Purple Heart as a result of wounds sustained in combat in the Republic of Vietnam (RVN). The Board noted the absence of any unit awards in the applicant’s service records. This document shows the unit to which the applicant was assigned, was cited for award of the Presidential Unit Citation for actions on 16 March 1966 by Department of the Army General Orders Number 40, dated 1967; the Meritorious Unit Commendation for actions during...
ARMY | BCMR | CY2013 | 20130015070
The 30 September 1985 DD Form 214 shows he was awarded the Purple Heart. [a previously considered] DA Form 4187 (Personnel Action), dated 29 November 1984, subject: Award of Purple Heart (1st Oak Leaf Cluster) with enclosures that shows: (1) in a DA Form 2823 (Sworn Statement), dated 29 November 1984, the applicant stated, in pertinent part, "[he] received a wound to the left hip that was inflicted by hostile enemy fire on 10 May 1968." Records show he was awarded the Purple Heart for...
ARMY | BCMR | CY2003 | 2003087775C070212
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart. The Board has determined that the applicant has met the regulatory requirements for award of the Army Good Conduct Medal for the period 21 April 1965 through 1 April 1968; therefore, his DD Form 214 should be corrected to show this award. Based on the applicant’s dates of service in Vietnam, Appendix B of Army Regulation 600-8-22 shows...