RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 September 2007
DOCKET NUMBER: AR20070004670
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. Dean L. Turnbull
Analyst
The following members, a quorum, were present:
Ms. Linda D. Simmons
Chairperson
Mr. Frank C. Jones II
Member
Ms. Carmen Duncan
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, in effect, that his records be corrected to show the award of the Purple Heart based on his 100 percent Post Traumatic Stress Disorder (PTSD) rating.
2. The applicant states, in effect, that for one week each in Baltimore, Maryland and Cambridge Maryland, he participated in the Martin Luther King Jr. riots. He states that all of America would like for the veterans with PTSD to qualify for an award of the Purple Heart.
3. The applicant provides a copy of a letter from the Department of Veterans Affairs (DVA), dated 22 March 2007.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military records show that he entered active duty for training on 3 September 1963. He completed basic combat training and advanced individual training and was awarded the military occupational specialty 310.00 (Field Communication Crewman).
3. He was honorably released from active duty and transferred to the control of the Maryland Army National Guard on 14 March 1964. He had completed
5 months and 11 days of active service.
4. On 7 April 1968, the applicant was called to active duty by Executive Order 11405, dated 7 April 1968 in support of incidents occurring during the Civil Disturbance riots following the death of Martin Luther King Jr. He was assigned to Headquarters and Headquarters Company (HHC), 1st Battalion, 115th Infantry Regiment, Maryland Army National Guard. His tour of duty ended on 12 April 1968 after serving 6 days of active service.
5. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form
214 (Armed Forces of the United States Report of Transfer or Discharge) shows no awards or decorations.
6. In the letter from the DVA, it states that the applicant was awarded
100 percent rating for his PTSD and because of that rating the applicant feels he should be recognized. As an exception to policy the applicant would like to have the award of the Purple Heart.
7. 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. 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. This regulation also provides that there are no time limitations on requests for award of the Purple Heart. This same regulation states that an example of an injury or wound which clearly does not justify award of the Purple Heart is PTSD.
8. A review of the applicant's records does not indicate entitlement to additional awards and decorations not shown in item 26 of his DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should be awarded the Purple Heart because of his 100 percent PTSD rating.
2. Evidence shows that the applicant was not engaged in combat operations against an enemy force outside the United States nor was he wounded and treated by a medical officer. Regulatory guidance states that PTSD does not meet the requirements for an injury or wound to justify award of the Purple Heart. Therefore, the applicant is not entitled to corrections of his records to show this award.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____lds__ ___fcj___ ____cd __ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
_________Linda D. Simmons_______
CHAIRPERSON
INDEX
CASE ID
AR20070004670
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070906
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
ARMY | BCMR | CY2002 | 2002067080C070402
EVIDENCE OF RECORD : The applicant's military records show: There is no evidence in the applicant’s service personnel records which shows that he was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. The available records fail to show the applicant was diagnosed with PTSD prior to his separation on 15 August 1969.
ARMY | BCMR | CY2002 | 2002077881C070215
There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action. This rating decision also states that service medical records from 17 May 1966 through 21 March 1968 show that the applicant was treated for a shrapnel wound while in the service. However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which are not correctly shown by award of three...
ARMY | BCMR | CY2002 | 2002067995C070402
He states that he did not receive the award in 1968 because "of a record mix-up." Records available to the Board indicate the applicant was inducted and entered active duty on 9 April 1968. The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 8 April 1970.
ARMY | BCMR | CY2009 | 20090002069
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. The evidence of record supports the applicant's contention that he did not receive any disability rating for his Vietnam combat injuries to his left shoulder, left index finger, and fragment wounds to his right hip. Consequently, due to the two concepts involved, an individuals medical condition may not be...
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 | CY2004 | 2004100635C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. As a result, the application date for this case is 29 December 2003, which is within the statute of limitations for the Army Board for Correction of Military Records (ABCMR). The applicant's service personnel records contain two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the periods 16 September 1964 to 12 December 1965 and 13 December 1965 to...
ARMY | BCMR | CY2002 | 2002078217C070215
There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. The fellow soldier stated that he heard the 716th Military Police had been attacked and that he subsequently ran across the applicant in the 93d Evacuation Hospital whereupon the applicant told him that he had been wounded by a Viet Cong hand grenade in the eye and arm. The applicant served in four campaigns in Vietnam; therefore, he is entitled to correction of his records to...
ARMY | BCMR | CY2007 | 20070006232
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 October 2007 DOCKET NUMBER: AR20070006232 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. He further states that subsequent to his injury, he completed a witness statement at the unit Aid Station and that his unit's operations noncommissioned officer in charge (NCOIC) told him he would be awarded the Purple...
ARMY | BCMR | CY2003 | 03093774C070212
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant’s military records are not available to the Board for review. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.
ARMY | BCMR | CY2014 | 20140007820
In effect, his Delaware Army National Guard (DEARNG) unit was activated for about 9 months during the Wilmington Riot of 1968. The applicant's Army military service record shows as a member of the DEARNG he was ordered to active duty for training (ACDUTRA) and entered active duty on 24 October 1966. He or she will only receive a DD Form 220 (Active Duty Report); and d. RC Soldiers completing initial ADT that results in the award of an MOS even when the active duty period was less than 90 days.