IN THE CASE OF:
BOARD DATE: 14 MAY 2009
DOCKET NUMBER: AR20080019257
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 his DD Form 214 (Report of Separation from Active Duty) does not show the award of the Purple Heart for the war wounds he received.
3. The applicant provides a four-page work copy of his medical record from Salisbury Veterans Affairs Medical Center (VAMC), dated 23 April 2002.
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. Records show the applicant enlisted in the Regular Army on 31 October 1969. He was discharged from the Army on 15 April 1971 with an under other than honorable conditions discharge which was later upgraded to under honorable conditions.
3. The Salisbury VAMC work copy of the applicant's medical records shows that he was diagnosed with the following: severe Vietnam War induced post-traumatic stress disorder (PTSD); history of Agent Orange exposure in Vietnam; chronic eczematic type dermatitis, generalized; degenerative joint disease arthritis; history of gastroesophageal reflux disease; history of positive hepatitis C test; and history of combat-related shrapnel injuries to the superficial tissues of face with scars and also to the ankles. The majority of the applicant's history and reason for admission notes pertain to his PTSD and the hospital's course of action. There was one entry in the notes that references the applicant's near death experience when a mortar exploded close by him on his very first day in combat in Vietnam. The notes stated that the applicant had shrapnel injuries to the left ankle and associated pain and suffering.
4. Item 24 (Decorations, 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. The applicant's military service records do not contain any general orders awarding him the Purple Heart. The applicant's name is not listed on the Vietnam casualty roster.
5. There is no documentation in the available records which shows that the applicant sustained wounds or was treated for wounds incurred as a result of hostile action.
6. 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.
DISCUSSION AND CONCLUSIONS:
1. The fact that the applicant provided his medical record from the Salisbury VAMC that states a mortar exploded close by him and he had shrapnel injuries to the left ankle is not sufficient evidence to conclude that he is entitled to the award of the Purple Heart. A history of the applicant's diagnosis and/or complaints recorded 30 years after the fact is not sufficient evidence to prove that his wounding was the result of hostile action.
2. There are no general orders available which awarded the applicant the Purple Heart. There are no medical records available which show that the applicant was wounded or treated for wounds as a result of hostile action during his service in Vietnam. In the absence of such evidence, there is insufficient basis for award of the Purple Heart in this case.
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.
____________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) AR20080019257
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080019257
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2006 | 20060011760
The applicant requests, in effect, reconsideration of his earlier request to the Army Board for Correction of Military Records (ABCMR) that he be awarded the Purple Heart. The applicant's new argument, as stated in his request, is that he should be awarded the Purple Heart for a wound sustained in 1967, in Phu Bai, Vietnam, during a mortar attack. However, there is no evidence, and the applicant has provided none, to show that he sustained a wound in 1967, in Vietnam, during a mortar...
ARMY | BCMR | CY2009 | 20090003778
The rating decision states the applicant had been treated for a wound he sustained to his left knee in February 1969. The applicant was wounded a second time in the left knee, in February 1969. While the evidence shows he received treatment by medical personnel for a wound that he sustained to his left knee, there is no evidence that shows he was wounded as a result of hostile action.
ARMY | BCMR | CY2013 | 20130018410
The applicant requests reconsideration of the previous Army Board for Correction of Military Records (ABCMR) decision promulgated in Docket Number AR20120015020, dated 28 February 2013, wherein he requested award of the Purple Heart. His record is void of any official Army documentation that shows he was wounded, his wounds were the result of hostile action, were treated by medical personnel, or that such treatment was made part of the official record. Unfortunately, neither that attack...
ARMY | BCMR | CY2011 | 20110006522
IN THE CASE OF: BOARD DATE: 13 October 2011 DOCKET NUMBER: AR20110006522 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, was wounded or killed or who died or may die after being wounded in any action against an enemy of the United States. Although the applicant...
ARMY | BCMR | CY2011 | 20110010267
Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the Purple Heart and item 40 (Wounds) of his DA Form 20 is blank. In the absence of evidence showing that the applicant was injured and treated for wounds as a result of hostile action in Vietnam, the service medical record provided by the applicant is not sufficient as a basis for award of the Purple Heart. _______ _ _x______ ___ CHAIRPERSON I certify that herein is recorded the true and...
ARMY | BCMR | CY2013 | 20130014273
The applicant requests two awards of the Purple Heart and correction of his DD Form 214 (Armed Forces of the United States Report of Separation or Discharge) to show the two awards and the Bronze Star Medal. c. As for the June 1970 injury, again there is no evidence of an injury or that such injury occurred as a result of hostile action, and there is also no evidence he was treated or that his treatment was made a matter of official record. There is no evidence in the available records...
ARMY | BCMR | CY2014 | 20140006922
The applicant states he served in the Republic of Vietnam (RVN) and was wounded on his left foot, on 2 May 1968, by shrapnel from an incoming mortar and the medical treatment is recorded in his medical records. A review of the applicant's military personnel record failed to reveal any orders or other evidence that shows he was awarded the Purple Heart. In order to support awarding a member the Purple Heart, it is necessary to establish the wound for which the award is being made required...
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 | 20130021515
He and his sergeant were wounded when a shell exploded sending him and his sergeant back into the trenches. The applicant provides Congressional correspondence and the following previously-considered and/or available documents: * Self-authored summary of service highlights * Letters from fellow Soldiers * Certificate showing another Soldier was awarded the Purple Heart * WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Service) * Honorable Discharge Certificate *...
ARMY | BCMR | CY2011 | 20110023026
c. A statement from a former unit member who states the company was ambushed on 17 July 1967 by small arms fire and mortar rounds and that they took some casualties at the time. d. A statement from a friend who served in Vietnam at the time and who also supports awarding the applicant the Purple Heart. Notwithstanding the applicant's contention and his sincerity and/or those of the authors, in the absence of additional documentation that conclusively shows he was wounded or injured as a...