Search Decisions

Decision Text

ARMY | BCMR | CY2007 | 20070003032
Original file (20070003032.TXT) Auto-classification: Denied


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 July 2007
	DOCKET NUMBER:  AR20070003032 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. John T. Meixell

Chairperson

Mr. Robert J. Osborn, II

Member

Mr. Michael J. Flynn

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 award of the Purple Heart.

2.  The applicant states that he was wounded in the Republic of Vietnam and was told he would receive a Purple Heart.  The applicant further states that he could not find proof of the wound until he was sent his medical records.

3.  The applicant provides a copy of his SF 600 (Chronological Record of Medical Care) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which occurred on 20 February 1981, the date of his discharge.  The application submitted in this case is dated 15 February 2007.

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 limitations 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's records show that he enlisted in the Regular Army on 23 August 1967.  Records also show that the applicant served in the Republic of Vietnam during the period 5 July 1969 through 5 July 1970.  

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Purple Heart.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show any entries for wounds received.  Item 41 (Awards and Decorations) does not show award of the Purple Heart.

6.  There are no medical records in the applicant's official military personnel file.

7.  The applicant records do not contain general orders which authorized him award of the Purple Heart.
9.  The applicant's name is not shown on the Vietnam Casualty Roster.

10.  The applicant provided a copy of his SF 600 showing that on 20 November 1969 he was treated by an Army medical officer for an injury due to a metal fragment on the left side of his neck.  The medical form further shows that the applicant received a single 3.0 silk suture and returned to duty.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against and enemy or 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.  This regulation also provides that there are no time limitations for requests for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart because of injuries sustained while serving 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.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 20 February 1981; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 19 February 1984.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the fact there is no statute of limitations on requests for award of the Purple Heart.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_MJA___  __RJO__  _JTM_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive failure to timely file in this case.

2.  The Board determined that 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 for correction of the records of the individual concerned.





_John T. Meixell____
          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.


Similar Decisions

  • ARMY | BCMR | CY2008 | 20080014133

    Original file (20080014133.txt) Auto-classification: Denied

    Headquarters, U.S. Military Assistance Command, Vietnam, General Orders Number 2097, dated 25 April 1969, show the applicant was awarded the Purple Heart for wounds received in action in connection with military operations against a hostile force in the Republic of Vietnam on 31 March 1969. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been...

  • ARMY | BCMR | CY2007 | 20070006402C071108

    Original file (20070006402C071108.doc) Auto-classification: Denied

    The applicant states, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) should reflect award of a Purple Heart. Records show the applicant participated in five campaigns during his service in Vietnam. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm, one silver service star...

  • ARMY | BCMR | CY2009 | 20090008124

    Original file (20090008124.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant's DD Form 214 with the period ending 16 June 1968 covers his service in Vietnam. There also is no evidence in his service personnel records that shows that he was treated for wounds as a result of hostile action in Vietnam.

  • ARMY | BCMR | CY2009 | 20090009210

    Original file (20090009210.txt) Auto-classification: Denied

    The applicant states, in effect, that he has provided military medical records that show he was wounded as a result of enemy action. The applicant provided a copy of his SF 600 and SF 93 which are considered new evidence and merit consideration by the Board. In the absence of such evidence that clearly states he was injured as a result of hostile action, there is an insufficient basis to grant award of the Purple Heart in this case.

  • ARMY | BCMR | CY2007 | 20070000663C071108

    Original file (20070000663C071108.doc) Auto-classification: Denied

    Item 41 (Awards, Decorations and Campaigns) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Purple Heart with oak leaf cluster and Section 42 (Remarks) of the applicant’s DA Form 20 does not show any entries for wounds received. 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. Therefore, the Board determined that the overall merits of this case...

  • ARMY | BCMR | CY2007 | 20070017773

    Original file (20070017773.TXT) Auto-classification: Approved

    The applicant's records do not contain General Orders that show he was awarded the Purple Heart. Evidence of record shows that the applicant was an infantryman assigned to an infantry unit and that he was wounded in action during his service in the Republic of Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Purple Heart for wounds received in action on 27 April 1971 in the Republic...

  • ARMY | BCMR | CY2005 | 20050000112C070206

    Original file (20050000112C070206.doc) Auto-classification: Approved

    There are no general orders in the applicant’s service personnel records that show he was awarded the Purple Heart. The applicant's name appears on the Vietnam Casualty Roster that shows he was wounded on 6 April 1967 and treated as a result of hostile action in Vietnam. 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 sustained on 6 April 1967; b. awarding him the Army Good...

  • ARMY | BCMR | CY2006 | 20060005165C070205

    Original file (20060005165C070205.doc) Auto-classification: Approved

    The evidence of record shows that the applicant was awarded the Purple Heart for wounds received in action on 22 September 1969. While the evidence of record is conflicting as to the date the applicant sustained this particular wound (i.e., 4 versus 14 September 1969), the evidence of record clearly shows that the applicant was wounded and received treatment for the wounds. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...

  • ARMY | BCMR | CY2006 | 20060017590

    Original file (20060017590.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 June 2007 DOCKET NUMBER: AR20060017590 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, in effect, that he was wounded while serving in Vietnam in 1965 and never received award of the Purple Heart. There also is no evidence in his service personnel records that shows that he was...

  • ARMY | BCMR | CY2007 | 20070004076

    Original file (20070004076.txt) Auto-classification: Approved

    There is no evidence the applicant received the first award of the Good Conduct Medal. There is no evidence of record that shows the applicant had an Active Army status on or after 1 August 1981. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity during the period 2 August 1963 through 1 August 1966; b. correcting his DD Form...