IN THE CASE OF:
BOARD DATE: 1 JULY 2009
DOCKET NUMBER: AR20090004024
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 and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he sustained shrapnel wounds while serving on guard duty and failed to be awarded the Purple Heart. He also states that no one ever mentioned the process involved in applying for the Purple Heart and officers had no concerns whatsoever about those serving on guard duty that night. This award is pertinent in his claim for health benefits caused by service-connected injuries.
3. The applicant provides no additional documentation 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's records show he enlisted in the Regular Army (RA) in pay grade E-1 on 23 June 1971 for 2 years. He enlisted for U.S. Army, Vietnam. He completed his basic combat and advanced training and was awarded military occupational specialty (MOS) 13A (Field Artillery Basic). He served in Vietnam from 2 December 1971 to 23 June 1972.
3. The applicant was honorably released from active duty in pay grade E-4 on 19 January 1973, for non-fulfillment of enlistment contract (completion of 12 months in the Republic of Vietnam). He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.
4. 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.
5. There is no entry in Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) showing he was wounded in action as a result of hostile enemy action. Item 41 (Awards and Decorations) of his DA Form 20 contains no entry showing he was awarded the Purple Heart.
6. There are no orders in the applicant's military personnel records awarding him the Purple Heart.
7. The Vietnam Casualty List was reviewed to determine if the applicant had been wounded in action while he served in Vietnam. The applicant's name is not shown in this list.
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:
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, and the applicant provided none, to show that he was wounded as the result of hostile action. The applicant's name does not appear on the Vietnam Casualty List. There are also no entries made in his service personnel records to show he was wounded as a result of hostile action and no orders were published to award him the Purple Heart.
3. The applicant's desire to have the Purple Heart and its addition to his DD Form 214 for his claim for service-connected health benefits is acknowledged; however, award of the Purple Heart cannot be granted solely because the applicant desires service-connected benefits. The criteria for award of the Purple Heart specified in the applicable regulation must be met in order that an award of the Purple Heart can be made. Regrettably, based on the evidence in this case there is insufficient evidence on which to base award of the Purple Heart to the applicant or to have the Purple Heart 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.
__________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) AR20090004024
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090004024
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120005255
The applicant requests correction of his military record to show award of the Purple Heart. The regulation governing award of the Purple Heart indicates the wound for which the award is being made must have been a result of hostile action. Regrettably, there is no evidence in the applicant's record and he provided insufficient evidence to show he was wounded as a result of hostile action.
ARMY | BCMR | CY2008 | 20080019050
Application for correction of military records (with supporting documents provided, if any). The applicant's desire to be awarded the Purple Heart based on having qualified for service-connected benefits from the DVA is acknowledged; however, award of the Purple Heart cannot be granted solely because the applicant was granted service-connected benefits from the DVA. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the...
ARMY | BCMR | CY2012 | 20120008064
Although the applicant provided a VA document that stated he had right knee scars from shrapnel wounds that were "consistent with the hardships of combat service in Vietnam," there is no evidence in his records and he has not provided any evidence that shows he was wounded or injured as a result of hostile action, that he was treated for such wounds by medical personnel, and that his treatment was made a matter of official record. Notwithstanding the applicant's sincerity, in the absence of...
ARMY | BCMR | CY2014 | 20140013058
The applicant requests award of the Purple Heart for injuries he sustained in Vietnam. His DD Form 214 for the period ending 27 December 1965 does not show award of the Purple Heart. _______ _ _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.
ARMY | BCMR | CY2012 | 20120012019
The applicant states he was wounded in Vietnam and he should have been awarded the Purple Heart for the shrapnel wound in his leg. His medical records are not available for review with this case and there is no evidence in his available record that shows he was wounded as a result of hostile action while serving on active duty. A statement of support, dated 9 April 2012, wherein a former Soldier stated he was a medic in the same unit as the applicant and he remembered the applicant being...
ARMY | BCMR | CY2014 | 20140004788
The applicant requests correction of his records to show award of the Purple Heart. The DD Form 214 issued at that time does not show award of the Purple Heart. There is no evidence in the available records that shows he was wounded as a result of hostile action in Vietnam.
ARMY | BCMR | CY2011 | 20110017879
The applicant's service record is void of any orders that show he was awarded the Purple Heart or that he was wounded or injured as a result of combat. The VA letter he provides states that he was awarded service-connected disability compensation for a scar to the left chest; however, this document does not prove he suffered a combat injury as a result of hostile action or that he required or received treatment for it. Notwithstanding the applicant's contention and sincerity, in the...
ARMY | BCMR | CY2008 | 20080019095
The applicant's military personnel records contain a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that shows he entered active duty on 15 April 1963. A thorough review of the applicants military personnel records revealed that there are no orders in the applicants records that show he was awarded the Purple Heart. There is no evidence in the applicants military personnel records that shows he was wounded or treated for wounds as a result of...
ARMY | BCMR | CY2010 | 20100030265
The evidence of record does not show and the applicant did not provide any evidence to show he received a wound/injury as a result of hostile action or that he was treated by medical personnel for a wound. In the absence of documentary evidence that shows he was wounded as a result of hostile action and treated for a wound, there is insufficient evidence upon which to base award of the Purple Heart. Nevertheless, this action in no way diminishes the sacrifices made by the applicant in...
ARMY | BCMR | CY2012 | 20120010359
Nothing in multiple typical source documents shows he was wounded in action or that he was awarded the Purple Heart. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained as a result of hostile action. His record is also void of any official Army correspondence or Western Union telegrams and there is no conclusive evidence in his service personnel record that shows he was wounded or injured as a result of hostile action or treated for such wounds.