IN THE CASE OF:
BOARD DATE: 19 May 2009
DOCKET NUMBER: AR20090002850
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 while on a survey mission with the 8th Battalion, 26th Artillery he was wounded by shrapnel in the right arm in early 1968.
3. The applicant provides a statement from a fellow Soldier and a copy of his DD Form 214 (Report of Transfer or Discharge) 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 applicant was inducted into the Army of the United States and entered active service on 20 March 1968. He served as an artillery surveyor in Vietnam from 12 August 1968 through 11 August 1969. He was honorably released from active duty on 14 January 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.
3. The applicants DD Form 214 does not show the Purple Heart as an authorized award.
4. 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.
5. The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank. The applicant's name does not appear on the Vietnam Casualty Roster.
6. 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 the Purple Heart pertaining to the applicant.
7. In support of his claim, the applicant provided a notarized statement, dated
8 January 2008, from a fellow Soldier at the time in question. He attests that he served with the applicant in the 8th Battalion, 26th Artillery in Vietnam from April 1968 to April 1969 and that the applicant was in fact injured in a combat-related mission. He also states that the applicant was an outstanding Soldier and his honesty and integrity were without question.
8. 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 orders for the Purple Heart in the available records. 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 statement
provided by the applicant, in and of itself, is 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) AR20090002850
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090002850
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130015325
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 | 20100010103
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 30 August 1969 to show award of the Purple Heart. There is no evidence in the available records and the applicant has not provided any evidence that shows he was injured as a result of hostile action while assigned to an infantry unit engaged in active ground combat. _______ _ x _______ ___ CHAIRPERSON I certify that herein is recorded the true and...
ARMY | BCMR | CY2011 | 20110004887
Application for correction of military records (with supporting documents provided, if any). The former fellow Soldier stated: * a rocket penetrated the bunker in the applicant's sleeping area * the applicant was not seriously injured in the attack * he assessed the applicant's injuries and determined he didn't need medical care beyond his own medical treatment and bandaging * he failed to complete a Field Medical Card for the applicant's injuries * he provided a copy of his own DD Form 214...
ARMY | BCMR | CY2015 | 20150004938
Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded for qualifying service in Vietnam. He 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: * deleting from his DD Form 214, ending on 30 July 1976 the Good Conduct Medal and Vietnam Service Medal * adding to his DD Form 214, ending on 30 July 1976 the: * Army Commendation Medal * Army Good Conduct...
ARMY | BCMR | CY2014 | 20140021340
The applicant provides his DD Form 214, three third-party statements, eight DA Forms 1594 (Daily Staff Journal or Duty Officer's Log) pertaining to the 1st Battalion, 8th Cavalry covering the period 27-29 November 1968, and orders for the Air Medal. The applicant's military records are not available for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the Air Medal, Republic of Vietnam...
ARMY | BCMR | CY2010 | 20100024931
There are no orders in his military personnel records awarding him the Purple Heart during his period of service in Vietnam. Despite that there are no orders awarding him the Purple Heart, his former unit commander and a former service member confirmed the applicant was struck by shrapnel from a mortar round on 14 May 1969, in Vietnam, as a result of hostile action and received treatment by medical authorities. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2014 | 20140006567
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart (2nd Award) and the Bronze Star Medal. Headquarters, 4th Infantry Division, General Orders Number 2275, dated 30 May 1968, awarded him the Purple Heart for wounds sustained in action on 30 March 1968.
ARMY | BCMR | CY2013 | 20130012493
Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and enemy or 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. However, in the absence of orders or documentation that conclusively shows he was...
ARMY | BCMR | CY2010 | 20100014964
The evidence of record shows the applicant received medical treatment on 11 February 1967 for a fragment wound to his right upper leg. f. Therefore, based on the available evidence, the applicant should be awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 27 January 1967. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Purple Heart for wounds received in...
ARMY | BCMR | CY2008 | 20080013019
The applicant states, in effect, that he was wounded in Vietnam on 7 November 1967 and was not awarded the Purple Heart for that wound. Accordingly, he should be awarded the Purple Heart for his wounds of 7 November 1967. While the criteria for award of the Purple Heart is very clear, in that the treatment of wounds must be made a matter of record, the applicant's medical records are not available for review by the Board.