IN THE CASE OF:
BOARD DATE: 24 June 2008
DOCKET NUMBER: AR20080005955
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 award of the Purple Heart.
2. The applicant states that he was wounded on 15 July 1972 in the Republic of Vietnam when an enemy five-ton truck with trailer, going at a high rate of speed with its lights turned off, hit his jeep. He adds that he suffered concussion to his head, a fractured right clavicle, and open wounds to his legs and back, and that he was medically evacuated to the 3rd U.S. Army Field Hospital in Saigon for treatment.
3. The applicant provides the following additional documentary evidence in support of his application:
a. DA Form 2173 (Statement of Medical Examination and Duty Status), dated 28 July 1972.
b. DA Form 3647 (Clinical Record Cover Sheet), dated 22 July 1972.
c. Chronological Record of Medical Care, dated on miscellaneous dates in 1972.
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 records show that he enlisted in the Regular Army for a period of 3 years on 1 February 1968. He completed basic combat and advanced individual training and was awarded military occupational specialty 71B (Clerk Typist). He served in Thailand from 26 August 1969 to 4 September 1970, attained the rank/grade of specialist four (SP4)/E-4, and was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 8 September 1970
3. The applicant's records further show that, after a break-in-service, he enlisted in the Regular Army for a period of 3 years in the rank/grade of SP4/E-4 on 24 September 1971. He was awarded MOS 95B (Military Policeman) on 28 August 1972. His records further show that he was honorably discharged on 10 July 1974 for the purpose of immediate reenlistment and that he reenlisted for a period of 5 years on 11 July 1974. He was discharged on 3 March 1975.
4. The applicant's records contain conflicting information regarding his service in the Republic of Vietnam. However, it appears that he departed Fort McPherson, Georgia, on 2 March 1972 in casual status, enroute to Vietnam, and departed Vietnam, on 8 September 1972, enroute to Fort Carson, Colorado. While in the Republic of Vietnam he was assigned to the 90th Military Police Detachment, 716th Military Police Battalion.
5. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, dated 3 March 1975, shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and four Overseas Service Bars. Item 26 does not show award of the Purple Heart.
6. Item 40 (Wounds) of the applicant's several DA Forms 20 (Enlisted Qualification Record) do not show any entries for wounds received.
7. Item 41 (Awards and Decorations) of the applicant's several DA Forms 20 do not show award of the Purple Heart.
8. The applicant's 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. During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973. This review failed to reveal any Purple Heart orders on file for the applicant.
11. The applicant's DA Form 2173, dated 28 July 1972, shows that, on 15 July 1972, the applicant was a passenger in a jeep which was traveling southwest on a street in Saigon, Vietnam, when the jeep was struck by a Vietnamese 5-ton tractor, traveling at a high rate of speed without lights. The applicant sustained a fractured right clavicle and was admitted to the U.S. Army Hospital, Saigon, Vietnam, the same day, and was discharged on 16 July 1972. However, he was readmitted on 17 July 1972 for further evaluation and/or treatment, and was discharged and released to his unit on 22 July 1972.
12. 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 by military medical personnel, 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.
2. The applicant's service in the Republic of Vietnam, his unfortunate accident on 15 July 1972, and treatment for injuries sustained in that accident are not in question. However, there is no evidence in the available record and the applicant did not provide substantiating evidence that his jeep accident was a result of hostile action. Furthermore, there are no general orders that show he was awarded the Purple Heart and his 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
__xxx___ __xxx___ __xxx___ 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.
XXX
_______________________
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) AR20080005955
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080005955
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2007 | 20070009743C080213
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 November 2007 DOCKET NUMBER: AR20070009743 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. On 12 July 1968, a PEB recommended the FSM be permanently retired due to the injuries he suffered in the vehicle accident. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records...
ARMY | BCMR | CY2009 | 20090000845
However, the DA Form 2173 (Statement of Medical Examination and Duty Status) was not present in his military records. While it appears that he may have been in a jeep accident and suffered a broken leg, there is no evidence in the available records, and the applicant failed to provide evidence which conclusively proves, by a preponderance of the evidence, that any jeep accident he was in was the result of hostile action. _______XXX________________ CHAIRPERSON I certify that herein is...
ARMY | BCMR | CY2008 | 20080007592
There are service medical records showing the applicant was medically evacuated on 5 November 1968 for treatment of a compression fracture of the T12 sustained as a result of an accident when a bunker collapsed on the applicant. The evidence in his service medical records clearly shows that he sustained a back injury when a bunker collapsed. 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...
ARMY | BCMR | CY2004 | 20040002104C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 FEBRUARY 2005 DOCKET NUMBER: AR20040002104 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 evidence in this case is far from conclusive. Two medical reports, the earliest in October 1968, indicate that the applicant’s injuries resulted from an auto accident in Vietnam.
ARMY | BCMR | CY2009 | 20090015011
The applicant requests, in effect, award of the Purple Heart and Silver Star. The medical records provided by the applicant as a basis for his medical retirement reference injuries and a time period identical to injuries and a time period documented in the LOD investigation. The records in the applicant's official military personnel file indicate he performed no acts of gallantry and there are no general orders in the applicant's records to indicate he was awarded the Silver Star.
ARMY | BCMR | CY2008 | 20080009238
DA Form 2173 (Statement of Medical Examination and Duty Status), dated 27 June 1970, shows that the aircraft in which the applicant was flying made a long approach to the airfield. 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. He submitted a letter from the physician who attended his injuries as a result of the airplane...
ARMY | BCMR | CY2003 | 2003083429C070212
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. 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. However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two bronze service stars for wear...
ARMY | BCMR | CY2006 | 20060004640C070205
There are no general orders in the available records which show the applicant was awarded the Purple Heart. The applicant's records show that he was awarded the Vietnam Service Medal. Evidence of records show that the applicant was assigned to a unit that participated in two campaigns.
ARMY | BCMR | CY2008 | 20080007111
The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); deployment orders; a DA Form 2173 (Statement of Medical examination and Duty Status), dated 21 October 2003; a Medical Evaluation Board (MEB) Narrative Summary; MEB Proceedings; and service medical records. Counsel contends that the applicants injuries warrant consideration for award of the Purple Heart since they were sustained while in the theater of war. There is no evidence in the...
ARMY | BCMR | CY2010 | 20100013923
There is no evidence in the available records and he has not provided evidence that shows his injuries were the result of hostile action. Regrettably, in the absence of military records which show he was injured as a result of hostile action, there is an insufficient basis for award of the Purple Heart in this case. _______ _ 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.