IN THE CASE OF:
BOARD DATE: 23 April 2009
DOCKET NUMBER: AR20090000653
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, in effect, that while serving as a rifleman with Company A, 1st Battalion, 35th Infantry, 4th Infantry Division, in Vietnam he was wounded on 14 November 1968. He contends that in December 1968 he was informed he would receive the Purple Heart but the medal was never awarded.
3. The applicant provides a letter, dated 28 April 2008, from the National Personnel Record Center, St. Louis, Missouri; copies of letters, dated December 1968, he wrote to his parents while he was in Vietnam; copies of the 35th Infantry Regiment Association Vietnam War Timeline, dated 13 and 14 November 1968; and a letter, dated 24 July 2008, from a Member of Congress in support of his application.
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 applicants military records are not available to the Board. This case is being considered using the documents provided by the applicant, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), and pages 1-3 of his DA Form 20 (Enlisted Qualification Record).
3. The applicant was inducted into the Army of the United States on 19 March 1968. He served as a light weapons infantryman assigned to Company A, 1st Battalion, 35th Infantry, 4th Infantry Division, in Vietnam from 12 August 1968 through 6 August 1969. The applicant was released from active duty on 18 March 1970.
4. The applicants DD Form 214 does not show the Purple Heart as an authorized award.
5. There are no orders for the Purple Heart in the available records.
6. Review of the Awards and Decorations Computer-Assisted Retrieval System, 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 the Purple Heart.
7. The applicant's name does not appear on the Vietnam casualty roster.
8. In support of his claim, the applicant provided copies of letters, dated December 1968, which he wrote to his parents while in Vietnam. In one letter he states that he "caught three pieces of 'shrap metel,' (sic) two in the arm and one in the leg" and that he was "put in and am getting a Purple Heart."
9. The applicant also provided documentation from the 35th Infantry Regiment Association which describes combat missions in Vietnam on 13 and 14 November 1968. However, this documentation does not state that he was wounded in action on 14 November 1968.
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 is no evidence of record which shows that the applicant was wounded as a result of hostile action in Vietnam. In the absence of orders or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action in Vietnam, the December 1968 letters and the documentation from the 35th Infantry Regiment Association provided by the applicant are not sufficient as a basis for award of the Purple Heart. Regrettably, there is insufficient evidence on 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.
_______ _ 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) AR20090000653
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090000653
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120010647
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he sustained a combat injury while serving in Vietnam in November 1968. He provides: * DD Form 214 * letter from the National Personnel Records Center (NPRC), dated 19 April 2012 * request for assistance from his Congressman, dated 6 April 2012 * Standard Form 180 (Request Pertaining to Military Records) CONSIDERATION OF EVIDENCE: 1. His service record does not...
ARMY | BCMR | CY2010 | 20100023151
His service record does not contain any orders or other evidence showing he was awarded a second Purple Heart. The evidence of record shows he was wounded on 5 March 1969 and was awarded the Purple Heart for this wound. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Vietnam Service Medal from item 24 of his DD Form 214; b. awarding him the Army Good Conduct Medal (1st Award) for the period 24 April 1968...
ARMY | BCMR | CY2006 | 20060010171
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 March 2007 DOCKET NUMBER: AR20060010171 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 applicant participated in two campaigns during his two tours in Vietnam; therefore, he is entitled to correction of his military records to show two bronze service stars to be affixed to his already awarded Vietnam...
ARMY | BCMR | CY2014 | 20140015277
Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The applicant's DA Form 20 shows he was wounded by hostile fire, while serving in the Republic of Vietnam, on 7 July 1967, 15 April 1968, and 27 April 1968. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Combat Infantryman Badge for action on 15...
ARMY | BCMR | CY2009 | 20090004141
The applicant requests reconsideration of his earlier request to correct his military records to show award of the Purple Heart for wounds received in the Republic of Vietnam. The applicant states that he served with Company A, 2nd Battalion, 35th Infantry Regiment in the Republic of Vietnam and he has a scar on his right thigh from a shrapnel wound that he received in the Republic of Vietnam. Based on the absence of substantiating evidence, the Board denied the applicant's request for...
ARMY | BCMR | CY2012 | 20120007785
He submits an Army buddy statement, dated 26 September 2011, from a fellow Soldier at the time in question who attests: * He served with the applicant in Vietnam from February 1968 to February 1969 * They were in the same company and platoon for the entire year * He (fellow Soldier) received the CIB * Their company performed numerous combat assaults in Vietnam * The applicant spent well over 300 days in the field/jungle during their tour * The applicant earned the CIB within the first 4 days...
ARMY | BCMR | CY2011 | 20110011224
Therefore, it would be appropriate at this time to awarded the applicant the Army Good Conduct Medal (1st Award) for the period 6 September 1966 through 26 July 1968 and to correct his DD Form 214 to show this award. Evidence shows the applicant received the Vietnam Service Medal and he was wounded in action. 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 (1st Award) for the...
ARMY | BCMR | CY2003 | 2003089754C070403
There are no orders in the applicant’s service personnel records that show he was awarded the Purple Heart. Evidence shows that the applicant’s records contain administrative error, which does not require action by the Board. The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested.
ARMY | BCMR | CY2008 | 20080018128
d. On 31 January 2007, a former Soldier of the applicant's unit wrote that when he had arrived in the unit, the applicant had been wounded earlier but was back with the unit as an APC driver. e. On 9 March 2007, the applicant's former company commander wrote a letter stating that the applicant was a driver of an APC. The evidence clearly shows that the applicant was awarded an infantryman MOS and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the...
ARMY | BCMR | CY2012 | 20120020500
The applicant requests correction of his DD Form 214 (Armed forces of the United States Report of Transfer or Discharge) to add his award of the Purple Heart. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a 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...