IN THE CASE OF:
BOARD DATE: 25 August 2009
DOCKET NUMBER: AR20090006270
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, award of the Purple Heart (PH).
2. The applicant states, in effect, that on or about April 1969, he was injured by rocket fire while on perimeter guard in Tai Ninh, Republic of Vietnam (RVN). He states that he was bleeding from a small insignificant cut on his nose and denied medical treatment when it was offered because he was young and did not want to act like a sissy.
3. The applicant provides a self-authored statement 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 applicants record shows he was inducted into the Army of the United States and entered active duty on 8 March 1968. He was trained in and awarded military occupational specialty (MOS) 76A (Supply Clerk), and specialist four (SP4)/E-4 is the highest rank/grade he attained while serving on active duty.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 30 January 1969 to 29 January 1970 in item 31 (Foreign Service). Item 40 (Wounds) is blank and the PH is not included in the list of awards contained in Item 41 (Awards and Decorations).
4. The applicant's record is void of any orders or other documents that indicate he was ever recommended for or awarded the PH by proper authority while serving on active duty. The record also does not include medical treatment records that indicate he was ever treated for a combat-related wound or injury while serving in the RVN.
5. On 29 January 1969, the applicant was honorably released from active duty (REFRAD) after completing a total of 1 year, 10 months, and 22 days of active military service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows that the applicant earned the following awards during his tenure on active duty: National Defense Service Medal, Vietnam Service Medal, and RVN Campaign Medal with Device 1960. The PH is not included in this list of awards.
6. During the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Vietnam Casualty Roster. There was no entry pertaining to the applicant on this list of RVN casualties.
7. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH. It states, in pertinent part, that in order to support award of the PH there
must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to be awarded the PH was carefully considered. However, by regulation, in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record.
2. The evidence of record fails to corroborate the applicant's claim that he was wounded in action in the RVN. Item 40 of his DA Form 20 is blank, which indicates he was never wounded in action. Further, there are no orders or other documents on file in his record that indicate he was ever recommended for or awarded the PH by proper authority or that he ever pursued award of the PH while he was on active duty.
3. Finally, the applicant's name is not included on the Vietnam Casualty Roster, the official DA list of RVN battle casualties. Therefore, absent any evidence of record confirming the wound for which the applicant was treated was received as a result of enemy action, or that he was ever recommended for or awarded the PH by proper authority while serving on active duty, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.
4. The applicant and all others concerned should know that this action related to award of the PH in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20090006270
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090006270
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090003714
Application for correction of military records (with supporting documents provided, if any). Therefore, it would not be appropriate to award the applicant the PH. _______ _ 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 | CY2008 | 20080009487
It states, in pertinent part, that in order to award a PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that it required treatment by military medical personnel, and a record of this treatment must have been made a matter of official record. Further, the applicant's DD Form 214 does not include the PH in the list of authorized awards listed; his name is not included on the Vietnam Casualty Roster, the official DA list of...
ARMY | BCMR | CY2008 | 20080008369
Absent any evidence that the applicant's gunshot wound was a result of enemy action, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. _______ x_ _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the...
ARMY | BCMR | CY2008 | 20080000607
x The Board considered the following evidence: Exhibit A - Application for correction of military records. However, by regulation, in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action; that the wound required treatment by military medical personnel; and a record of this medical treatment must have been made a matter of official record. In order to justify correction of a military record the...
ARMY | BCMR | CY2012 | 20120001818
Application for correction of military records (with supporting documents provided, if any). The applicant's record is void of any entries or documents corroborating his claim that he was wounded in action in the RVN or that show he was ever treated for a combat-related wound by medical personnel while serving in the RVN. The applicant's record is void of any documents or orders indicating he was ever recommended for or awarded the AM by proper authority during his active duty tenure and...
ARMY | BCMR | CY2010 | 20100007810
The applicant's contends he should be awarded the PH for being wounded in combat while serving in the RVN. Further, there are no orders or other documents on file in his record that indicate he was ever awarded the PH by proper authority or that he ever pursued award of the PH while he was on active duty and subsequent his RVN service from 7 March 1970 to 10 January 1972. _______ _X___ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the...
ARMY | BCMR | CY2008 | 20080016643
Application for correction of military records (with supporting documents provided, if any). It states, in pertinent part, that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action; that the wound required treatment by military medical personnel; and a record of this medical treatment must have been made a matter of official record. However, by regulation, in order to support award of the PH...
ARMY | BCMR | CY2009 | 20090001240
Application for correction of military records (with supporting documents provided, if any). However, by regulation, in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action; that the wound required treatment by medical personnel; and a record of this medical treatment must have been made a matter of official record. Therefore, absent any evidence of record confirming the applicant was wounded in...
ARMY | BCMR | CY2009 | 20090008616
Application for correction of military records (with supporting documents provided, if any). It states, in pertinent part, that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record. In order to justify correction of a military record the applicant must...
ARMY | BCMR | CY2009 | 20090004147
Application for correction of military records (with supporting documents provided, if any). However, by regulation, in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action; that the wound required treatment by military medical personnel; and a record of this medical treatment must have been made a matter of official record. In order to justify correction of a military record the applicant must...