IN THE CASE OF:
BOARD DATE: 27 October 2009
DOCKET NUMBER: AR20090009269
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, that his military records be corrected to show the award of the Purple Heart.
2. The applicant essentially contends that he was wounded by enemy gunfire in a firefight while assigned to the 1st Battalion, 30th Artillery, and that he was taken to a local field hospital for treatment. He also claims that he was awarded the Purple Heart in 1966.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); his DD Form 215 (Correction to DD Form 214); a Standard Form 180 (Request Pertaining to Military Records), dated 22 May 2007; and a letter, dated 1 April 2009, from the Army Review Boards Agency Support Division in St. Louis, Missouri, 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 military records show that he was inducted into the Army of the United States on 22 September 1965. He completed basic and advanced individual training and was awarded military occupational specialty 13A (Basic Field Artilleryman). He departed for the Republic of Vietnam on 10 February 1966 and served with Battery C, 1st Battalion, 30th Artillery. He returned to the continental United States on 9 February 1967 and served at Fort Bragg, North Carolina, until he was honorably released from active duty on 21 September 1967. The DD Form 214 that was issued to him at the time of his release from active duty shows that he was awarded the Army Good Conduct Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the National Defense Service Medal.
3. Item 40 (Wounds) of the applicants DA Form 20 (Enlisted Qualification Record) does not contain any entries that indicate he was wounded or injured as a result of hostile action. Item 41 (Awards and Decorations) of the DA Form 20 also does not show that he was awarded the Purple Heart. There are no orders in his military records awarding him the Purple Heart and a search of the U.S. Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System, a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, also failed to produce any orders awarding him the Purple Heart. Additionally, the applicants name is not listed on the Vietnam casualty roster. Further, there is no evidence in his military personnel records which shows that he was wounded or injured as a result of hostile action.
4. 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 been treated by a medical officer, and the medical treatment must have been made a matter of official records. Each approved award of the Purple Heart must exhibit all of the following factors: wound, injury, or death must have been the result of enemy or hostile act, international terrorist attack, or friendly fire; the wound or injury must have required treatment by medical officials; and the records of medical treatment must have been made a matter of official Army records.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show the award of the Purple Heart.
2. The applicant's claim that he was wounded in action and awarded the Purple Heart in 1966 was noted; however, there is no evidence in the applicant's military records and the applicant failed to provide any evidence to corroborate his claim that he was wounded in action and awarded the Purple Heart.
3. Absent evidence which conclusively proves by a preponderance of the evidence that he was wounded or injured as a result of hostile action, that he was treated by medical personnel at the time for wounds or injuries received as a result of hostile action, and that this medical treatment was made a matter of official record, there is no basis for awarding the applicant the Purple Heart or correcting his military records to show the award of the Purple Heart.
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) AR20090009269
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090009269
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110018847
The applicant provides: * self-authored statements * his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 5 July 1968 CONSIDERATION OF EVIDENCE: 1. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Notwithstanding his sincerity, in the absence of official documentary evidence such as operation orders, morning reports,...
ARMY | BCMR | CY2009 | 20090006948
The applicant provides his DD Form 214 and a DA Form 8-275-3 (Clinical Record Cover Sheet) dated 18 March 1967. Department of the Army General Order Number 8, dated 1974, awarded all units assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 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...
ARMY | BCMR | CY2009 | 20090008629
The applicant reenlisted for 3 years on 21 January 1970 to continue his service in the Army 7. To be awarded the Purple Heart, substantiating evidence must be presented to show that the applicant 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. The applicant indicates that he was awarded the Purple Heart and wants a correct copy of his DD Form 214 showing this...
ARMY | BCMR | CY2011 | 20110015548
There is nothing in four typical documents showing he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart: * Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show a combat wound or injury * His records do not contain general orders authorizing him award of the Purple Heart * His name is not shown on the Vietnam casualty roster * A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S....
ARMY | BCMR | CY2004 | 20040010148C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 June 2005 DOCKET NUMBER: AR20040010148 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. There also is no evidence in his service personnel records that shows that he was wounded or treated for wounds as a result of hostile action in Vietnam. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted...
ARMY | BCMR | CY2013 | 20130017557
b. DA Form 8-275-3, dated 27 June 1967, shows he sustained a perforating wound to the cornea of his right eye when he was struck in the eye by a piece of bamboo at the 90th Replacement Battalion, Long Binh, Vietnam. There is no evidence of record that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart. In this case, the evidence of record shows the applicant was clearing vegetation around a perimeter in Vietnam when he sustained an eye...
ARMY | BCMR | CY2013 | 20130006331
Substantiating evidence must be provided to verify 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 documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, there is an insufficient evidentiary basis for awarding him the Purple Heart. _______ _ x_______ ___ CHAIRPERSON I...
ARMY | BCMR | CY2010 | 20100019105
Army Regulation 672-5-1 (Military Awards), in effect at the time, states the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. The evidence of record shows 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: a. awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity...
ARMY | BCMR | CY2014 | 20140015994
There is no documentary evidence that shows the applicant was injured or wounded as a result of hostile action or that he was awarded the Purple Heart. His medical records, which would have listed any injuries and treatment, are not available for review with this case. The applicant's service record is void of any evidence that shows he was wounded or injured as a result of combat.
ARMY | BCMR | CY2011 | 20110014691
There is no evidence of record that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart: * Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show a combat wound or injury * His records do not contain general orders authorizing him award of the Purple Heart * His name is not shown on the Vietnam casualty listing * Review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human...