IN THE CASE OF:
BOARD DATE: 23 July 2009
DOCKET NUMBER: AR20090005925
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 correction of his military records to show award of the Purple Heart.
2. The applicant states that he was wounded by shrapnel in June 1967 and was treated in the field for the injury.
3. The applicant provides no additional documentation in support of this case.
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 on 18 May 1966. He successfully completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. The applicant arrived in the Republic of Vietnam and was assigned to Company C, 4th Battalion, 47th Infantry, 9th Infantry Division on 28 January 1967. He was reassigned to E Company, 4th Battalion, 47th Infantry, 9th Infantry Division on 31 May 1967. On 3 January 1968, he departed the Republic of Vietnam.
4. On 17 May 1968, the applicant was honorably released from active duty.
5. The applicant's DD Form 214 with the period ending 17 May 1968 covers his service in the Republic of Vietnam. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Ribbons or Authorized) does not show award of the Purple Heart.
6. There are no general orders in the applicants service personnel records that show he was awarded the Purple Heart. There also is no evidence in his service personnel records that show he was treated for wounds as a result of hostile action in Republic of Vietnam. The applicant's name is not listed on the Vietnam Casualty Roster.
7. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show the applicant was wounded, and item 41 (Awards and Decorations) does not show award of the Purple Heart.
8. The applicant's Army Medical Treatment Records are unavailable for the Board's review.
9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an 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.
DISCUSSION AND CONCLUSIONS:
1. There are no orders in the applicant's service personnel records that show he was awarded the Purple Heart. There is no evidence in the available records and the applicant has not provided evidence that shows his injury was a result of hostile action.
2. Lacking any corroborating evidence of record showing the applicant was treated for a wound/injury that was the direct result of or caused by enemy action, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.
3. Regrettably, in view of the foregoing, there is insufficient evidence that would warrant granting the applicant's request.
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) AR20090005925
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090005925
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2004 | 2004105444C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 June 2004 DOCKET NUMBER: AR2004105444 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant provides a self authored statement, dated 21 February 2004; an DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 30 April 1969; a photograph of...
ARMY | BCMR | CY2008 | 20080010888
The applicant requests correction of item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart, the Army Commendation Medal, the Soldiers Medal, and the Good Conduct Medal. 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. As a result, the Board...
ARMY | BCMR | CY2012 | 20120011645
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) effective 25 March 1968 to show award of the Purple Heart. Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B. 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 deleting the...
ARMY | BCMR | CY2006 | 20060010395
x The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant served a period of qualifying service for award of the Republic of Vietnam Campaign Medal. Records show the applicant should have discovered the alleged error or injustice now under consideration on 17 October 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 16 October 1972.
ARMY | BCMR | CY2014 | 20140013157
The Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) at this time and correct his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2010 | 20100015550
General Orders Number 152, published by Headquarters, 9th Evacuation Hospital, dated 28 May 1968, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force in the RVN on 25 May 1968. There is no evidence in the available records and the applicant has failed to provide any evidence showing he was wounded a third time during a different incident or that his additional wound was treated by medical personnel and made a matter of...
ARMY | BCMR | CY2001 | 2001063074C070421
The Government of Vietnam awarded this medal to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Individuals who had qualified for award of the Vietnam Service Medal and were evacuated prior to completing six months of service due wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal. That all of the Department of the Army records related to this case be corrected...
ARMY | BCMR | CY2013 | 20130018367
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. 3rd Squadron, 5th Cavalry, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 15 February 1968 by Department of the Army General Orders (DAGO) Number 43,...
ARMY | BCMR | CY2004 | 20040009675C070208
The applicant requests that the award of the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The applicant states he should have been awarded the Purple Heart for shrapnel wounds to his right arm that occurred on 4 April 1968 in Vietnam. However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which is not correctly shown by award of four bronze service stars for wear on...
ARMY | BCMR | CY2010 | 20100011729
The applicant requests correction of his records to include his award of the Purple Heart. In this case, 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: a. awarding him the Purple Heart for injuries received on 16 June 1967, b. deleting the Vietnam Service Medal from his DD Form 214, and c. adding the following to his DD Form 214: * Purple Heart * Vietnam Service...