IN THE CASE OF:
BOARD DATE: 3 June 2008
DOCKET NUMBER: AR20080003611
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests reconsideration of his earlier request for award of the Purple Heart.
2. The applicant states that the hospital triage records would clearly show that a blow to the right upper arm caused his injury; however, he has been trying to obtain those records for the last 30 years with no success. He recently received correspondence from the Department of Veterans Affairs (DVA) that states, Often service medical records do not contain entries of treatment given to veterans who served during a period of war and engaged in combat with the enemy. For whatever reason his treatment records are absent from his files, he is asking that his account of the injuries he received be presumptive and be considered a true and accurate account of how he was wounded.
3. The applicant provides an undated document from the DVA.
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 AR20070011629 on 15 January 2008.
2. The undated document from the DVA provided by the applicant is new evidence that will be considered by the Board.
3. The applicant was inducted into the Army on 5 August 1969. He arrived in Vietnam and was assigned to the 14th Signal Company, 37th Signal Battalion, on 7 September 1970 for duty as a wheel vehicle repairman.
4. In his original application, the applicant stated he received a blow to his right upper arm while escaping from a guard tower during enemy rocket fire.
5. A message, dated 1 December 1970, stated the applicant was admitted to the 95th Evacuation Hospital on 26 November 1970 and diagnosed with phlebitis (inflammation of a vein) of the right arm. The message did not indicate the circumstances under which the applicant acquired that medical condition. He was medically evacuated to Guam after a complaint of pain and swelling in his right arm. He was medically evacuated to the States in March 1971 and was diagnosed with a thrombosis (blood clot) in his right auxiliary vein. The clot was removed.
6. The applicant was released from active duty on 8 March 1971.
7. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States. The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record. When contemplating an award of the Purple Heart, the key issue commanders must take into consideration is the degree to which the enemy caused the injury. The fact the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.
DISCUSSION AND CONCLUSIONS:
1. It is recognized that service medical records often do not contain entries of treatment given to Soldiers who served during a period of war and engaged in combat with the enemy. The DVA, following its own policies and procedures, may accept the statements of veterans as sufficient to show an injury was incurred under those circumstances.
2. However, merely to have been injured while engaged in combat with the enemy is not sufficient for the purpose of awarding the Purple Heart. Consideration must be taken of the degree to which the enemy caused the injury.
3. The applicant was injured severely enough to require medical evacuation out of Vietnam. It would appear that his commander would have had time enough to determine the degree to which the enemy caused his injury and that he determined that the degree was not sufficient to warrant award of the Purple Heart.
4. In the absence of evidence to the contrary the applicants account of how he was injured is not doubted; however, there still is insufficient evidence to show that the enemy caused his injury to the degree that would warrant granting him award of the Purple Heart.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___xx___ ___xx___ ___xx___ 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 AR20070011629 dated 15 January 2008.
_ ______xxxx_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080003611
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080003611
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2007 | 20070011629
The applicant requests correction of his military records to show award of the Purple Heart for injuries received in the Republic of Vietnam. On 17 December 1970, the applicant was medically evacuated from the Republic of Vietnam to the United States Naval Hospital, Guam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal for the period from 5 August 1969 to 8 March 1971; and b....
ARMY | BCMR | CY2014 | 20140017053
c. Item 40 (Wounds) he fractured his left wrist on 10 July 1969. d. Item 41 (Awards and Decoration) no awards of the Purple Heart. f. Each approved award of the Purple Heart must exhibit all of the following factors: wound, injury or death must have been the result of enemy or hostile act; international terrorist attack; or friendly fire (as defined in paragraph b(8) above) the wound or injury must have required treatment by medical officials; and the records of medical treatment must have...
ARMY | BCMR | CY2014 | 20140016275
The applicant provides copies of the following: * two Standard Forms (SF) 88 (Report of Medical Examination) * two SFs 89 (Report of Medical History) * medical history * International Certificates of Vaccination * five SFs 600 (Health Record Chronological Record of Medical Care) * SF 539 (Clinical Record Abbreviated Clinical Record) * dental record * letter of commendation * SF 602 (Health Record Dental Clinic) * DA Form 3082-R (Statement of Medical Condition) * DD Form 214 (Armed...
ARMY | BCMR | CY2013 | 20130017557
b. DA Form 8-275-3, dated 27 June 1967, shows he sustained a perforating wound to the cornea of his right eye when he was struck in the eye by a piece of bamboo at the 90th Replacement Battalion, Long Binh, Vietnam. There is no evidence of record that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart. In this case, the evidence of record shows the applicant was clearing vegetation around a perimeter in Vietnam when he sustained an eye...
ARMY | BCMR | CY2002 | 2002077901C070215
There were no orders in the applicant's service personnel records awarding him the Purple Heart. In his reply to the applicant, the MC wrote, "The Purple Heart is awarded to those persons who were wounded or injured as a direct result of hostile action of an enemy of the United States. c. by amending the applicant's DD Form 214, block 24, to read as follows: "National Defense Service Medal; Vietnam Service Medal with 4 bronze service stars; Republic of Vietnam Campaign Medal with 60...
ARMY | BCMR | CY2011 | 20110002500
The applicant states he sustained injuries as a direct result of an MVA caused when his driver swerved to avoid rocket-propelled grenade (RPG) fire from enemy combatants. The medical documentation and sworn statements show he was treated for injuries due to a vehicle accident and not injuries caused by the enemy. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart for wounds received in Balad,...
ARMY | BCMR | CY2009 | 20090012640
The incident described by the applicant fits the regulatory examples of enemy-related injuries which clearly justify award of the Purple Heart, particularly the example of injury received in action and caused by an enemy placed mine or trap. Notwithstanding the additional information provided by the applicants Member of Congress and Colonel D___, there is no contemporaneous evidence that shows he was wounded or injured as a result of hostile action. Regrettably, absent evidence which...
ARMY | BCMR | CY2010 | 20100015590
The applicant states he did not know he could receive the Purple Heart. He indicated he injured his Achilles tendon in Vietnam and has a physical profile. His service record is void of any orders that show he was awarded the Purple Heart, his name is not shown on the Vietnam casualty roster, his DA Form 20 does not indicate any combat wounds, and his medical records do not conclusively reflect he suffered an injury as a result of enemy action and was treated for a combat injury or wound.
ARMY | BCMR | CY2010 | 20100016783
His DA Form 20 does not show he was wounded in action, and his service record is void of orders that show he was awarded the Purple Heart. There is no evidence in the applicant's records that show the hospital commander awarded him the Purple Heart. With respect to the applicant's argument that other Soldiers received the Purple Heart as a result of friendly accidents, the ABCMR decides cases on the evidence of record and each case is considered on its own merits.
ARMY | BCMR | CY2010 | 20100028067
He (the witness) received the Purple Heart along with many others who were wounded. The applicant's service in Vietnam and the witness statements he submitted were considered. Again, notwithstanding his sincerity, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds and the treatment was made a matter of official record there is insufficient evidence upon which to base award of the Purple Heart...