IN THE CASE OF: .
BOARD DATE: 11 AUGUST 2009
DOCKET NUMBER: AR20090004671
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 he is applying for award of the Purple Heart for wounds he received when he stepped on a booby trap (pungee stick) during combat operations which required medical evacuation for treatment.
3. The applicant submitted two witness statements in support of this 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 DD Form 214 shows that he enlisted in the Regular Army on 15 November 1966.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) on or about from 23 September 1968 to on or about 19 August 1969.
4. Item 40 (Wounds) of the applicants DA Form 20 is blank indicating that he was not wounded during his tenure of active duty service.
5. On 21 August 1969, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation. He had completed 2 years,
9 months, and 7 days of active military service.
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 does not show award of the Purple Heart.
7. The Vietnam casualty roster does not list the applicant's name.
8. There are no orders in the applicants service personnel records which show he was awarded the Purple Heart.
9. The applicant provides two witness statements from former Soldiers who state the applicant was injured when he stepped on a pungee stick while in the RVN.
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:
Witness statements, by themselves, are not sufficient evidence upon which to base a correction of the applicant's records. The applicant is not listed on the Vietnam casualty roster. There is no evidence in his service personnel records which shows that he was wounded or injured as a result of hostile action or treated for such wounds. In the absence of documentation that shows he 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.
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) AR20090004671
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080008104
There is no evidence in the available records which show the applicant was disqualified for this award. Therefore, the applicant is entitled to award of the AGCM for the period 25 October 1966 through 1 October 1968 and to correction of his records to show the award of the AGCM (First Award). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the Purple Heart for wounds received as a result of hostile action in...
ARMY | BCMR | CY2009 | 20090021469
The applicant states that he was injured in the Republic of Vietnam (RVN) on 22 February 1970 and the paperwork was done; however, he never received the Purple Heart. The applicant submitted a copy of the Daily Staff Journal or Duty Officer's Log, dated 22 February 1970, which shows he received a scratch under the eye while serving in the RVN. Based on the evidence of record, the applicant has not established a basis for award of the Purple Heart or to have it added to his DD Form 214.
ARMY | BCMR | CY2015 | 20150001009
The applicant requests award of the Purple Heart for injuries sustained in combat. The applicant's military records show he was inducted into the Army of the United States on 24 June 1965 and he held military occupational specialty 11B (light weapons infantryman). There is no evidence of record and the applicant did not provide sufficient evidence to show he sustained a wound/injury as a result of a punji stick, received treatment, and that treatment was made a matter of official record...
ARMY | BCMR | CY2013 | 20130003513
The applicant's DD Form 214: a. lists his awards as: * "EXPERT (BADGE RIFLE)" * GOOD CONDUCT MEDAL * VIETNAM SERVICE MEDAL b. shows in the Statement of Service Block that he served 5 months and 19 days in the United States Army Pacific (USARPAC); and c. the Remarks block does not contain the dates of his service in the RVN. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of...
ARMY | BCMR | CY2010 | 20100015871
The applicant provided a letter from the Wise County Veterans Service Office which states, in effect, that applicants service medical records will show he was injured and he had a subsequent hospital stay for treatment of the injury. The applicant's available records, ADCARS, and the Vietnam casualty roster do not provide any evidence which verifies he was wounded as a result of hostile action. The applicant did provide evidence that he sustained an eye injury while serving in the RVN and...
ARMY | BCMR | CY2009 | 20090004427
The applicant served in Vietnam during two campaign periods and is authorized to wear two bronze service stars on his Vietnam Service Medal. Based on the above facts and findings, it is appropriate to correct the record by awarding the applicant the Purple Heart for wounds received on 28 February 1967 and to correct his DD Form 214 to show that in addition to the awards listed, he is also authorized award of the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation,...
ARMY | BCMR | CY2010 | 20100019848
DISCUSSION AND CONCLUSIONS: Notwithstanding the entry on the Vietnam casualty roster, the preponderance of evidence shows he was accidentally injured when he stepped on a "friendly" land mine on 2 April 1971 in Vietnam. _______ _ 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) AR20100019848 3 ARMY BOARD FOR CORRECTION OF MILITARY...
ARMY | BCMR | CY2007 | 20070007397C071029
Jeffrey C. Redmann | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant's DA Form 20 shows he served in the RVN from 6 April 1969 through 28 March 1970. The evidence of record confirms the applicant received a Punji Stick (enemy trap) wound to the left thigh on 5 March 1970, while serving in the RVN.
ARMY | BCMR | CY2010 | 20100023765
General Orders Number 4231, issued by the same headquarters, dated 12 August 1970, awarded him the Purple Heart for wounds received by a hostile force in the RVN on 28 June 1970. While in the Army, he attained the rank/grade of SGT/E-5, he served in Vietnam and he was awarded the Bronze Star Medal with "V" Device, Army Commendation Medal (2nd Award), and was wounded as a result of hostile action. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2004 | 20040010189C070208
The applicant requests, in effect, award of the Purple Heart (PH). There are no medical treatment records on file that indicate the applicant was treated for an injury or wound received in action during his service in the RVN. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.