Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090001661
Original file (20090001661.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  19 May 2009

		DOCKET NUMBER:  AR20090001661 


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, in effect, that he be awarded the Purple Heart and that it be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that he was never awarded a Purple Heart for wounds he received from a rocket attack.  He states he was treated at the 3rd Field Hospital in Saigon.  He was assigned to the 1st Signal Brigade at the time.  The applicant concludes his statement by adding, in effect, he needs to have this done to support his application for benefits from the Department of Veterans Affairs (VA).

3.  In support of his application, the applicant submits a copy of a DD Form 214 with an effective date of separation on 1 August 1970 and a copy of a DD Form 214 (Report of Separation from Active Duty) with an effective date of separation on 19 September 1975.

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.  The applicant’s record shows he enlisted in the Regular Army (RA) on 29 March 1967 for 3 years.  He completed his basic combat and advanced individual training at Fort Gordon, Georgia.  On completion of his training, he was awarded military occupational specialty (MOS) 72B (Communications Center Specialist).  The record shows that on 20 September 1969, the applicant voluntarily extended the period of his original enlistment for 4 months for the convenience of the Government.

3.  The applicant served in the Republic of Vietnam from 25 January 1969 through 14 March 1969 with the 587th Signal Company and from 15 March 1969 through 31 July 1970 with the U.S. Army Element Defense Communications Agency - Southeast Asia Mainland Region.

4.  The applicant was honorably released from active duty (REFRAD) on
1 August 1970 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Separations), as an overseas returnee.  He was REFRAD in the rank/pay grade of specialist four (SP4)/E-4.  On the date he was REFRAD, he had completed 3 years, 4 months, and 3 days of creditable active service, with no time lost.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded:  the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960); and the Good Conduct Medal.  The Purple Heart is not shown on his DD Form 214.

6.  There is no entry in Item 41 (Awards and Decorations) on the applicant's DA Form 20 (Enlisted Qualification Record) showing he was awarded the Purple Heart.

7.  There are no orders in the applicant's military personnel records awarding him the Purple Heart.

8.  The applicant's name does not appear on the Vietnam Casualty List.



9.  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.

10.  The records shows the applicant reentered the RA on 31 May 1975 for
4 years.  He was honorably discharged on 19 September 1975 under the provisions of Training and Doctrine Command (TRADOC) Circular 635-1 (Evaluation and Discharge Before 180 Active Duty Days).  During this enlistment, the applicant performed no overseas duty in Vietnam or elsewhere.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as 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.

2.  There is no evidence of record and the applicant provided none to show that he was wounded as a result of hostile action.  The applicant's name does not appear on the Vietnam Casualty Listing.  There were no entries made in his service personnel records to show he was wounded as a result of hostile action and no orders were published awarding the applicant the Purple Heart.

3.  Based on the evidence in this case, the applicant is not entitled to award of the Purple Heart and to have it added to his DD Form 214.

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)                                         AR20090001661



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090001661



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2012 | 20120000291

    Original file (20120000291.txt) Auto-classification: Approved

    Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. The evidence of record shows the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency,...

  • ARMY | BCMR | CY2011 | 20120000464

    Original file (20120000464.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he held the rank/pay grade of staff sergeant (SSG)/E-6 at the time of his release from active duty (REFRAD) and to show award of: * the Bronze Star Medal (2nd Award) * the Purple Heart * the Army Good Conduct Medal * the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation * the Vietnam Service Medal with 3 bronze service stars * any additional awards...

  • ARMY | BCMR | CY2006 | 20060008296C070205

    Original file (20060008296C070205.doc) Auto-classification: Denied

    The applicant requests, in effect, that he be awarded the Purple Heart and that it be added to his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by awarding the applicant the National Defense Service Medal, the Republic of...

  • ARMY | BCMR | CY2009 | 20090016476

    Original file (20090016476.txt) Auto-classification: Approved

    The applicant's DD Form 214 for the period ending 12 November 1970 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, one Overseas Bar, and the Marksman Marksmanship Qualification Badge (M-14 Rifle). Evidence of record shows the applicant was awarded the Army Commendation Medal. 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 | BCMR | CY2011 | 20110002689

    Original file (20110002689.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 to show award of the Purple Heart and the Army Commendation Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by: a. deleting the Vietnam Service Medal; and b. adding the Army Commendation Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Vietnam Service Medal with three bronze service stars. ...

  • ARMY | BCMR | CY2011 | 20110005256

    Original file (20110005256.txt) Auto-classification: Approved

    The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Purple Heart and Bronze Star Medal (BSM). Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army GCM was awarded to individuals who completed a qualifying period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....

  • ARMY | BCMR | CY2005 | 20050015942C070206

    Original file (20050015942C070206.doc) Auto-classification: Denied

    The applicant states he should have been awarded the Purple Heart for his wound sustained in the Republic of Vietnam. Evidence of records show that the applicant was assigned to a unit that participated in two campaigns. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by showing award of the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be...

  • ARMY | BCMR | CY2009 | 20090020578

    Original file (20090020578.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant's military service records do not contain general orders awarding him the Purple Heart and his name is not listed on the Vietnam Casualty Roster. The evidence of record does not support the applicant's request for correction of his record to show award of the Purple Heart or exposure to Agent Orange.

  • ARMY | BCMR | CY2008 | 20080010909

    Original file (20080010909.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 10 January 1975 to show award of the Purple Heart and the Silver Star. There is no evidence in the available records which show that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. There is no evidence of record which shows that the applicant was wounded as a result of hostile action in Vietnam.

  • ARMY | BCMR | CY2008 | 20080006128

    Original file (20080006128.txt) Auto-classification: Denied

    The applicant states that he was awarded the Purple Heart during his service in Long Binh, Vietnam, in 1969. The applicant's records show that he enlisted in the Regular Army for a period of 2 years on 6 August 1968. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant’s DD Form 214, dated 13 August 1970, shows he was awarded the Vietnam Service Medal, the National Defense Service Medal, and the Republic of Vietnam...