BOARD DATE: 11 March 2010
DOCKET NUMBER: AR20090014807
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 that the Army did not award him the Purple Heart. He contends that he sustained a concussion and laceration to his left elbow as a result of an improvised explosive device. His wounds required treatment by a physician in China Beach, Republic of Vietnam.
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 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. 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 11 August 1970, the applicant was inducted into the Army of the United States for a period of 2 years. He completed his initial training and was awarded military occupational specialty 95B (Military Police).
3. On 26 April 1971, the applicant departed Fort Benning, Georgia, for duty in the Republic of Vietnam. On 14 June 1971, he arrived for duty with the 188th Military Police Company. He served with this unit until his return to the United States in February 1972.
4. The applicant's Standard Form 88 (Report of Medical Examination), dated 23 February 1972, reports that he was fully qualified for separation. It does not indicate that he received any wounds or injuries.
5. On 23 February 1972, the Army released the applicant from active duty. He had attained the rank of specialist four, pay grade E-4, and had completed 1 year, 6 months, and 13 days of creditable active duty.
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) lists his awards as the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal. It does not show award of the Purple Heart.
7. A review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders awarding the applicant the Purple Heart.
8. The applicant's name is not listed on the Vietnam casualty roster.
9. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) is blank.
10. Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Forces or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed or who has died or may die after being wounded in any action against an enemy of the United States. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he was wounded in action and qualifies for award of the Purple Heart.
2. There are no available general orders awarding the applicant the Purple Heart. The Vietnam casualty roster does not contain the applicant's name. The applicant's DA Form 20 does not indicate he received any wounds while in action. The applicant has not provided substantiating evidence to support his contention that he was wounded as a result of enemy action.
3. 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. The applicant failed to submit evidence that would satisfy the aforementioned requirement.
4. In view of the above, the Board should deny the applicant's request for 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) AR20090014807
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090014807
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080006076
The applicant requests, in effect, correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214), effective 31 December 1972, to show award of the Purple Heart. However, should the applicant be able to obtain substantiating evidence such as orders, casualty messages, or morning report entries showing that he was wounded and awarded the Purple Heart he may submit another application for consideration. __________ _ X _______ ___ CHAIRPERSON I certify that...
ARMY | BCMR | CY2008 | 20080005955
Item 41 (Awards and Decorations) of the applicant's several DA Forms 20 do not show award of the Purple Heart. In the absence of evidence that the applicant 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. XXX _______________________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2008 | 20080009341
The applicant requests correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Purple Heart 2. On 12 October 1967, he returned to the Republic of Vietnam. On 23 May 1968, the applicant reenlisted for another 3 years of active duty.
ARMY | BCMR | CY2007 | 20070016842
Therefore, the applicant is entitled to award of the Purple Heart and correction of his records to show award of the Purple Heart for wounds sustained as the result of hostile act on 1 April 1970 while he was serving in the Republic of Vietnam. Therefore, the applicant is entitled to have his records corrected to show this unit award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show award of the Purple Heart for...
ARMY | BCMR | CY2014 | 20140002736
The applicant states he would like a review of his military records to determine if he is eligible for award of the Purple Heart. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Records) does not show he was wounded in action while serving in Vietnam. Notwithstanding his contentions and his sincerity, in the absence of evidence, there is insufficient evidence upon which to base award of the Purple Heart.
ARMY | BCMR | CY2014 | 20140004967
The applicant states his helicopter was shot down three times in the Republic of Vietnam (RVN). g. On 9 October 1972, he was released from active duty. The applicant contends his military records should be corrected to show he was, on 3 separate occasions, awarded the Purple Heart.
ARMY | BCMR | CY2010 | 20100000944
There are no medical records in the applicant's file associated with treatment for wounds on either 3 or 14 May 1971. Although the applicant's records contain orders for two awards of the Purple Heart, it appears the applicant may have only been wounded once, on 3 May 1971 as evidenced by the Western Union Telegram, the entry on the Vietnam Casualty Roster, and the fact the applicant asked that his records be corrected to reflect only one award of the Purple Heart. As a result, the Board...
ARMY | BCMR | CY2008 | 20080014028
The applicant states, in effect, that his records are not annotated nor was he awarded a Purple Heart after being stabbed in June 1972, while assigned to the Republic of Vietnam (RVN). The applicant provided a copy of his DD Form 214 (Armed Forces of the United States Transfer or Discharge), a copy of his Corporate Award and Rating Data showing service and non service-connected disabilities, a self-authored statement, and a statement from his sister in support of his application. In the...
ARMY | BCMR | CY2007 | 20070014160
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 February 2008 DOCKET NUMBER: AR20070014160 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 contends that he is entitled to correction of his records to show award of the Purple Heart. Evidence of record shows the applicant was awarded the Vietnam Service Medal.
ARMY | BCMR | CY2009 | 20090004536
A review of the applicant's military personnel records revealed that there are no orders in the applicant's records that show he was awarded the Purple Heart. In his request the applicant claims he received an injury to his right arm on an unknown date in the RVN and he provides a photograph of a Soldier (presumably the applicant when he was in the RVN) wearing a bandage on his right arm. There is no evidence in the applicant's military personnel records that shows he was wounded as a...