IN THE CASE OF:
BOARD DATE: 23 September 2008
DOCKET NUMBER: AR20080004544
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 that the former service member (FSM) be awarded the Purple Heart.
2. The applicant contends that he was the FSMs former commander when he was in Vietnam and he states that the FSM should be awarded the Purple Heart for a flesh wound that he received during an attack on his outpost, when he was in Vietnam. He states that the FSM treated himself and that he did not report the incident to the medical staff at Province Headquarters Medical Staff as he was advised to do. According to the applicant, the incident occurred on 28 July 1969.
3. The applicant provides in support of his application, a letter, dated 11 February 2008, addressed to the Army Review Board Agency, apologizing for failing to include the FSMs social security number; a letter from the Army Review Boards Agency, Acting Chief, Support Division, St. Louis, Missouri, dated 26 January 2008, requesting that the FSM submit his social security number and/or service number to assist in further processing his application; a letter addressed to an individual in this Agency, dated 21 August 2008, granting him, as the FSMs former commander, the authority to represent the FSM on the issue regarding the Purple Heart; and a California All-Purpose Acknowledgment from a Notary Public authenticating the FSMs desire to be represented by him (the applicant).
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. On 25 January 1967, the FSM was inducted into the Army of the United States in Oakland, California. He successfully completed his training as an infantry operations and intelligence specialist.
3. After completing 1 year and 6 days of total active service, the FSM was honorably discharged on 31 January 1968 to accept a commission as a second lieutenant in the United States Army Reserve (USAR).
4. The DD Form 214 that he was furnished at the time of his discharge shows that he was awarded the National Defense Service Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Good Conduct Medal.
5. The FSM was commissioned as a second lieutenant in the USAR and he was ordered to active duty on 1 February 1968. He was transferred to Vietnam on 29 November 1968 and he was assigned as an infantry unit commander.
6. The FSM returned to the Continental United States on 24 December 1969. On 29 December 1969, he was honorably released from active duty (REFRAD) and he was transferred to the USAR Control Group (Annual Training).
7. The DD Form 214 that the FSM was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Combat Infantryman Badge, the Vietnam Service Medal, the Vietnam Campaign Medal, and two Overseas Service Bars.
8. A review of the available records, to include the Vietnam Casualty Listing, does not show that the FSM was ever wounded as a result of hostile action by enemy forces when he was in the Army.
9. 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 medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. The FSMs records do not support the applicants contention that he is entitled to the award of the Purple Heart.
3. The applicants contentions have been noted. However, there is no evidence in the available records, nor has he submitted any evidence to show that the FSM sustained a wound as a result of hostile action while he was in the Army. The Vietnam Casualty Listing does not show that the FSM was wounded in action when he was in Vietnam. In the absence of evidence to the contrary, it must be presumed that what the Army did in the FSMs case was correct.
4. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ___x____ ___x____ 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 for correction of the records of the individual concerned.
___________x___________
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) AR20080004544
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080004544
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080002544
The applicant requests that the records of her deceased father, a former service member (FSM) be corrected to reflect his multiple awards of the Purple Heart and all other awards to which he is entitled. His DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal, the Army Commendation Medal and the Bronze Star Medal. As a result, the Board recommends that all...
ARMY | BCMR | CY2010 | 20100011993
IN THE CASE OF: BOARD DATE: 28 October 2010 DOCKET NUMBER: AR20100011993 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. An 11 April 1969 Medical Evaluation Board (MEB) states the FSM was found to be unfit for duty due to the residuals of his 14 February 1968 wounds incurred as result of hostile action. __________X__________ 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.
ARMY | BCMR | CY2008 | 20080013062
Therefore, there is sufficient evidence to show that he is entitled to award of the Purple Heart and correction of his records to show this award. The evidence of record shows the FSM was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the FSM the Purple Heart for wounds received in action on 18 May 1968 in the Republic of Vietnam; b. awarding the FSM the Good Conduct Medal...
ARMY | BCMR | CY2008 | 20080006669
There are no orders in the FSM's personnel records which show that he was awarded the Purple Heart. The applicant provided a copy of SF Form 180 which shows that she requested a copy of her husband's, the FSM, medical records which were not received at the time her request was received by the Army Board for Correction of Military Records (ABCMR). A review of the FSM's service record shows that he was in a patient status from 13 July 1969 until 1 September 1969; however, his records failed...
ARMY | BCMR | CY2008 | 20080006234
The FSMs records show that he was inducted into the Army of the United States on 6 June 1968. With respect to the FSM's second award of the Purple Heart, there are no general orders that show he was awarded a second award of the Purple Heart; there is no evidence in his service personnel records which shows that he was wounded or injured a second time as a result of hostile action or treated for such wounds; and the FSM's name is not listed a second time on the Vietnam Casualty Roster. ...
ARMY | BCMR | CY2008 | 20080012683
The Certificate of Discharge that the applicant submitted shows that the FSM was issued a General Discharge Certificate on 10 June 2003. Evidence shows that the applicant's records contain administrative errors which do not require action by the Board. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to remove USAR Personnel Command Orders, dated 30 July 2003 and the DD Form 257A (General Discharge Certificate), dated 10...
ARMY | BCMR | CY2008 | 20080009149
The applicant requests that the records of his deceased brother, a former service member (FSM), be corrected to show award of the Purple Heart. Item 38 (Record of Assignments) of the FSM's DA Form 20 (Enlisted Qualification Record) does not indicate that he was a patient as a result of injuries/wounds received during his service in the Republic of Vietnam. DISCUSSION AND CONCLUSIONS: There are no general orders that show the FSM was awarded the Purple Heart and there is no evidence in his...
ARMY | BCMR | CY2008 | 20080018987
The FSM's military records show that he was inducted into the Army of the United States on 18 August 1966. The applicant's claim that the FSM was awarded the Purple Heart is not corroborated by any evidence in his military records. The FSM participated in four campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show four bronze service stars to be affixed to his Vietnam Service Medal.
ARMY | BCMR | CY2010 | 20100023828
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 an enemy or as a result of hostile action. The evidence of record does not show, and the applicant did not provide any conclusive evidence to show, that the FSM received wounds as a result of hostile action or that he was treated by medical personnel for those wounds. In the absence of corroborating documentary evidence that shows the FSM...
ARMY | BCMR | CY2011 | 20110024069
Therefore, it would be appropriate at this time to posthumously award the FSM the Army Good Conduct Medal for the period 21 February 1967 through 24 April 1969 and to correct his DD Form 214 to show this award. Evidence further shows the FSM participated in three campaigns during his service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from the FSM's DD Form 214 the Vietnam Service Medal; b....