Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090000910
Original file (20090000910.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	       2 APRIL 2009

		DOCKET NUMBER:  AR20090000910 


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 three awards of the Purple Heart.

2.  The applicant states that he was wounded on three separate occasions in Vietnam and should have received three awards of the Purple Heart.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 show the applicant was inducted into the Army of the United States on 5 September 1968.  The applicant served in the Republic of Vietnam from 31 January 1969 through 1 February 1970.  He was honorably released from active duty on 19 June 1970.

3.  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.

4.  There is no documentation in the available records which show that the applicant sustained wounds or was treated for wounds incurred as a result of hostile action.

5.  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:

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)                                         AR20090000910



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090000910



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2007 | 20070000593

    Original file (20070000593.TXT) Auto-classification: Denied

    The applicant contends that he is entitled to award of the Purple Heart because of injuries sustained while serving in the Republic of Vietnam. 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. Record shows the applicant was awarded the Vietnam Service Medal.

  • ARMY | BCMR | CY2005 | 20050004135C070206

    Original file (20050004135C070206.doc) Auto-classification: Denied

    The applicant's records show that he was awarded the Vietnam Service Medal. Records show that the applicant participated in the three campaigns during his service in Vietnam. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.

  • ARMY | BCMR | CY2007 | 20070018674

    Original file (20070018674.txt) Auto-classification: Approved

    The applicant provided a copy of a Citation, United States Army Vietnam, for award of the Army Commendation Medal with First Oak Leaf Cluster for distinguishing himself by meritorious service in support of military operations against communist aggression in the Republic of Vietnam during the period December 1969 through November 1970. The applicant's record shows that he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the...

  • ARMY | BCMR | CY2008 | 20080010127

    Original file (20080010127.txt) Auto-classification: Denied

    The applicant served in the Republic of Vietnam (RVN) from 26 June 1970 through 12 April 1971. There is no evidence in his service personnel records which shows he was wounded or injured as a result of hostile action or treated for such wounds. 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.

  • ARMY | BCMR | CY2007 | 20070016842

    Original file (20070016842.txt) Auto-classification: Approved

    Therefore, the applicant is entitled to award of the Purple Heart and correction of his records to show award of the Purple Heart for wounds sustained as the result of hostile act on 1 April 1970 while he was serving in the Republic of Vietnam. Therefore, the applicant is entitled to have his records corrected to show this unit award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show award of the Purple Heart for...

  • ARMY | BCMR | CY2004 | 20040004472C070208

    Original file (20040004472C070208.doc) Auto-classification: Approved

    The applicant contends that he is entitled to award of the Purple Heart based on injuries he received in Vietnam. There are no orders in the applicant's service personnel records that show he was awarded the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show award of the Good Conduct Medal (1st Award) for the period 12 March 1968 to 4 March 1970; award of the Republic of Vietnam Gallantry Cross Unit...

  • ARMY | BCMR | CY2010 | 20100010059

    Original file (20100010059.txt) Auto-classification: Denied

    The applicant provides: a. The available evidence indicates the applicant was inducted and entered active duty on 7 May 1968. Item 40 (wounds) on the applicant’s DA Form 20 (Enlisted Qualification Record) contains no entries, his name is not among a list of individuals reported as combat casualties during the Vietnam conflict, and there is no evidence the applicant was ever awarded a Purple Heart or treated for any wounds which would warrant award of the Purple Heart.

  • ARMY | BCMR | CY2006 | 20060013626

    Original file (20060013626.txt) Auto-classification: Approved

    There also is no evidence in his records that shows he was wounded or treated for wounds as a result of hostile action on two occasions while serving in Vietnam. The evidence of record shows that the applicant sustained a hostile wound as a result of enemy action on 24 May 1969 in Vietnam. There are no orders officially awarding the applicant two awards of the Purple Heart and there are no medical records available to show that he was treated twice for wounds as a result of hostile action.

  • ARMY | BCMR | CY2010 | 20100025055

    Original file (20100025055.txt) Auto-classification: Denied

    Along with the letter are orders awarding him and another Soldier the Purple Heart for wounds incurred on 1 July 1970. The applicant's military records are very complete, having orders for all the awards listed on his DD Form 214. While it is clear that the applicant was involved in the booby trap blast, in the absence of evidence to show the applicant received medical treatment for a wound incurred as a result of hostile action and that treatment was made a matter of record, there is...

  • ARMY | BCMR | CY2014 | 20140016993

    Original file (20140016993.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). There is no evidence in the available record that shows he was awarded the Purple Heart. The applicant provides: a.