Search Decisions

Decision Text

ARMY | BCMR | CY2006 | 20060011121C070205
Original file (20060011121C070205.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 August 2006
      DOCKET NUMBER:  AR20060011121


      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. Victoria A. Donaldson        |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Jeanette R. McCants           |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Mr. Rowland C. Heflin             |     |Member               |

      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 previous request for
award of the Purple Heart.

2.  The applicant states that he was wounded while he was serving in the
Republic of Vietnam.

3.  The applicant provides a letter of support and one page from his
military medical records in support of this application.

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 AR
2004100503, on 20 July 2004.

2.  The letter of support is considered new evidence and therefore, will be
reviewed by the Board.

3.  The applicant contends that a truck that he was in struck a landmine
and as a result, sustained shrapnel wounds to his left arm and above his
right arm.

4.  There are no medical records in the applicant's official military
personnel file that show he sustained wounds as a result of hostile action
or that show he was treated for wounds sustained as a result of hostile
action.

5.  There are no general orders in the applicant's records to show he was
awarded the Purple Heart.

6.  The applicant's name does not appear on the Vietnam Casualty Roster.

7.  The applicant provided a one-page Chronological Record of Treatment
from his military medical service records.  The Record of Treatment shows
that the applicant was treated on 15 May 1967 for "sores not healing."
There is no indication that these wounds were sustained as a result of
enemy action.




8.  The applicant provided a letter of support from an individual that was
assigned to the same unit as the applicant during his service in the
Republic of Vietnam.  The author stated that he remembers that the
applicant was in a truck that struck a landmine and that he was hurt and
burned.  The author contends that he cannot remember the exact date of the
incident.

9.  Army Regulation 672-5-1 (Military Awards) 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 the result of hostile action, the wound must have been
treated by a medical officer, and the medical treatment must have been made
a matter of official records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart
for wounds received during his service in the Republic of Vietnam.

2.  There are no general orders that show the applicant was awarded the
Purple Heart.  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.  The applicant's name is not listed on the Vietnam
Casualty Roster.

3.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_JRM___  _RCH___  _SWF___    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 AR2004100503, dated 20 July 2004.




                                      _Jeanette R. McCants___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]


Similar Decisions

  • ARMY | BCMR | CY2010 | 20100000040

    Original file (20100000040.txt) Auto-classification: Denied

    The applicant requests correction of his records to show he was awarded the Purple Heart. He completed 2 years of active service during this period. There is no evidence in the available record showing he was awarded the Purple Heart.

  • ARMY | BCMR | CY2006 | 20060012229

    Original file (20060012229.TXT) Auto-classification: Denied

    Counsel requests that the applicant be awarded the Purple Heart. The applicant's records contain a memorandum dated 23 November 1951 from the Adjutant General of the Army requesting verification of eligibility for award of the Purple Heart. Based on the foregoing, there is not basis to grant award of the Purple Heart in this case.

  • ARMY | BCMR | CY2010 | 20100019357

    Original file (20100019357.txt) Auto-classification: Denied

    His service medical records were not available for review. 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. In the absence of military records which show the...

  • ARMY | BCMR | CY2008 | 20080018437

    Original file (20080018437.txt) Auto-classification: Denied

    The applicant departed Vietnam on or about 27 May 1969. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. There are no orders in the applicant's service personnel records that show he was awarded the Purple Heart.

  • ARMY | BCMR | CY2004 | 20040010466C070208

    Original file (20040010466C070208.doc) Auto-classification: Approved

    The applicant states that he was wounded and treated for an injury while serving in the Republic of Vietnam (RVN). Therefore, it would be appropriate to correct applicant’s records to show these awards. 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 18 June 1967 while serving in the RVN; b. showing that based on his RVN service and campaign participation, he is...

  • ARMY | BCMR | CY2002 | 2002074181C070403

    Original file (2002074181C070403.rtf) Auto-classification: Approved

    He also provided a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). There are no orders in the applicant’s service personnel records which show he was awarded the Purple Heart. This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.

  • ARMY | BCMR | CY2010 | 20100026351

    Original file (20100026351.txt) Auto-classification: Denied

    There is no evidence of record and the applicant did not provide any substantial evidence to show entitlement to the Purple Heart. There are no medical records available which show he was wounded or treated for wounds as a result of hostile action during his service in Vietnam. In the absence of such evidence, there is an insufficient basis for award of the Purple Heart.

  • ARMY | BCMR | CY2004 | 20040005068C070208

    Original file (20040005068C070208.doc) Auto-classification: Approved

    There are no orders in the applicant's military service records awarding him the Purple Heart. The records contain a statement, dated 12 December 2001, from a Soldier who stated he was assigned with the applicant in Company D during 1967 and 1968. The applicant's military personnel records show he participated in four campaigns during his service in Vietnam.

  • ARMY | BCMR | CY2009 | 20090013893

    Original file (20090013893.txt) Auto-classification: Denied

    The applicant requests correction of his military records to show award of the Purple Heart. The applicant contends that he was wounded in the Republic of Vietnam and should have been awarded the Purple Heart. The SF 600 provided by the applicant shows that he had an injury to his right forearm and that it was medically treated.

  • ARMY | BCMR | CY2014 | 20140019067

    Original file (20140019067.txt) Auto-classification: Approved

    In the original consideration of his case that occurred on 24 February 2000, the applicant submitted a medical statement indicating he had sustained an ear injury in October 1968 and in July 1999, officials from the Army's Personnel Command informed him that he was not authorized an award of the Purple Heart because his injury was considered accidental. Creditable witness statements indicate he received injuries from an enemy act (being blown off an APC due to a landmine explosion). As a...