Search Decisions

Decision Text

ARMY | BCMR | CY2008 | AR20080018850
Original file (AR20080018850.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	       19 FEBRUARY 2009

		DOCKET NUMBER:  AR20080018850 


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 he should have received a Purple Heart for an injury to his right knee which he sustained in combat while in Vietnam.

3.  The applicant provides no evidence in support of his request.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  Records available to the Board indicate the applicant was inducted and entered active duty on 18 November 1964.  Following completion of training he was initially assigned to an infantry unit in Hawaii and reassigned to Vietnam in December 1965 as part of a unit reassignment.
3.  He departed Vietnam in October 1966, returned to the United States, and was released from active duty with an honorable characterization of service on 23 November 1966.

4.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not reflect entitlement to the Purple Heart and item 27 (Wounds Received as a Result of Action with Enemy Forces) reflects "NONE."

5.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 (Wounds) of the DA Form 20 (Enlisted Qualification Record).  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.  Item 40 on the applicant’s DA Form 20 is blank.

6.  The applicant's name is not shown on the Vietnam casualty roster.

7.  The applicant's medical records are not available for review with this case.

8.  There are no general orders in the applicant's records that show he was awarded the Purple Heart.

9.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for award of the Purple Heart.

10.  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:

There are no general orders that show the applicant was awarded the Purple Heart and there is no evidence in his service personnel records that shows that he was wounded or injured as a result of hostile action or treated for such wounds.  In the absence of documentation that shows he 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

____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)                                         AR20080018850



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080018850



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2008 | 20080014252

    Original file (20080014252.txt) Auto-classification: Denied

    The applicant's military records do not show that he was awarded the Purple Heart. The applicant contends that his military records should be corrected to show the award of the Purple Heart. While the sincerity of the applicant's claim to entitlement to award of the Purple Heart is not in question, regrettably, absent evidence which conclusively proves, by a preponderance of the evidence, that he was wounded or injured as a result of hostile action, there is insufficient basis upon which...

  • ARMY | BCMR | CY2013 | 20130022240

    Original file (20130022240.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). He states: * He should have received a Purple Heart for an injury he sustained in Vietnam, and he received a medical discharge * He was shot in his right ankle and knee on 1 February 1967; he was in Bien Hoa, Vietnam * He was medically retired on 20 September 1968; as a result of the injury sustained from the gunshot wound he is a below-the-knee (BK) amputee 3. However, his service record is void...

  • ARMY | BCMR | CY2010 | 20100016350

    Original file (20100016350.txt) Auto-classification: Denied

    He states his military record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) do not show he received the Purple Heart for his service-related injury while serving in Vietnam in 1966. These forms show he received treatment for a cyst on his right cheek and do not specify the injury was a result of hostile action. However, by regulation, in order to support award of the Purple Heart, there must be evidence confirming that the injury or wound for which the...

  • ARMY | BCMR | CY2009 | 20090009269

    Original file (20090009269.txt) Auto-classification: Denied

    Further, there is no evidence in his military personnel records which shows that he was wounded or injured as a result of hostile action. The applicant contends that his military records should be corrected to show the award of the Purple Heart. Absent evidence which conclusively proves by a preponderance of the evidence that he was wounded or injured as a result of hostile action, that he was treated by medical personnel at the time for wounds or injuries received as a result of hostile...

  • ARMY | BCMR | CY2013 | 20130006331

    Original file (20130006331.txt) Auto-classification: Denied

    Substantiating evidence must be provided to verify 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. However, in the absence of documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, there is an insufficient evidentiary basis for awarding him the Purple Heart. _______ _ x_______ ___ CHAIRPERSON I...

  • ARMY | BCMR | CY2013 | 20130015325

    Original file (20130015325.txt) Auto-classification: Denied

    The applicant provides his DD Form 214 and a letter, dated 10 August 2013. The applicant's service record is void of any evidence that shows he was wounded or injured as a result of enemy action. 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, there is insufficient evidence upon which to base award of the Purple Heart.

  • ARMY | BCMR | CY2010 | 20100008605

    Original file (20100008605.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant’s self-authored statement and eyewitness statements are new evidence that warrant consideration by the Board.

  • ARMY | BCMR | CY2013 | 20130009690

    Original file (20130009690.txt) Auto-classification: Denied

    His record contains a DA Form 20 (Enlisted Qualification Record) that shows in: * item 40 (Wounds) no entry * item 41 (Awards and Decorations) no entry for award of the Purple Heart 5. The applicant provides: a. It states the Purple Heart is awarded to members wounded in action and states that in order to award the Purple Heart, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical...

  • ARMY | BCMR | CY2013 | 20130013631

    Original file (20130013631.txt) Auto-classification: Denied

    The applicant requests correction of his records to show award of the Purple Heart and Bronze Star Medal. His service record, also known as the Military Personnel Record Jacket (201 File), does not contain orders awarding him the Bronze Star Medal. However, in the absence of documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds there is an insufficient evidentiary basis for awarding him the Purple Heart.

  • ARMY | BCMR | CY2010 | 20100026136

    Original file (20100026136.txt) Auto-classification: Denied

    He states that his DD Form 214 does not show award of the Purple Heart. There is no evidence in his record showing he was wounded during his period of service in Vietnam. He provided insufficient evidence and there is no evidence of record to show he was wounded or injured as a result of hostile action during his period of service in Vietnam and he was awarded the Purple Heart.