IN THE CASE OF:
BOARD DATE: 25 March 2010
DOCKET NUMBER: AR20090015870
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 amendment of his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge) to reflect award of the Purple Heart.
2. The applicant states he was awarded the Purple Heart for a wound to the left knee he received on 13 March 1968, in the Republic of Vietnam (RVN).
3. The applicant provides a self-authored statement.
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 enlisted in the Regular Army and entered active duty on
7 November 1966. He was trained in and awarded military occupational specialty (MOS) 63B (Wheeled Vehicle Mechanic).
3. His DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) he served in the RVN for the period 15 November 1967 through
11 November 1968. Item 38 (Record of Assignments) shows on 20 November 1967 he was assigned to Headquarters and Headquarters Company, 17th Combat Aviation Group, and later assigned on 13 January 1968 to the 155th Aviation Company performing duties in MOS 63B.
4. Item 40 (Wounds) of the applicant's DA Form 20 is blank and item 41 (Awards and Decorations) does not include the Purple Heart in the awards listed. His record is void of orders or other documents showing he was awarded the Purple Heart by proper authority.
5. A Standard Form 600 (Chronological Record of Medical Care) contains an entry for 13 March 1968, but this entry does not indicate the applicant received medical treatment for wounds caused by hostile action.
6. A Standard Form 88 (Report of Medical Examination) and Standard Form 89 (Report of Medical History), dated 22 October 1969, do not reference wounds received as a result of hostile action.
7. The applicant's DD Form 214 shows he was honorably released from active duty on 6 November 1969 after completing 3 years of active military service. The Purple Heart is not included in the list of awards in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).
8. The Army's Awards and Decorations Computer Assisted Retrieval System (ADCARS) does not contain orders awarding the applicant the Purple Heart.
9. The applicant's name does not appear on the Vietnam Casualty Roster.
10. The applicant provides a self-authored statement in which he makes the following assertions:
a. His company commander awarded him the Purple Heart and he is in possession of the medal.
b. The award was recorded by the company clerk.
c. During a mortar attack on his unit's compound, on 13 March 1968, he jumped into a foxhole, injuring his left knee.
d. He did not seek medical treatment for the injury.
e. On a later unspecified date, he twisted his knee in a mess hall but did not seek medical treatment after the incident.
f. In April 1978, he again injured his knee and was informed that the meniscus had been torn years before.
11. Army Regulation 600-8-22 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, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is entitled to award of the Purple Heart was carefully considered. Unfortunately, the evidence does not support his contention.
2. Other than his own statement, there is no evidence in the applicant's record that he was wounded as a result of hostile action or that any such wound required medical treatment. The available service medical records make no reference to any wounds. In addition he admitted that he did not seek medical treatment for the 13 March 1968 injury.
3. The applicant has the burden of proving an error or injustice exists by a preponderance of the evidence. In the absence of military records which show that the applicant was wounded or treated for wounds resulting from hostile action and that medical treatment for the wound was made a matter of official record, there is insufficient evidence upon which to base 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) AR20090015870
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090015870
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100015421
There is no evidence in the available records which show that the applicant was awarded the Purple Heart or that he was wounded as a result of hostile action in Vietnam. There is no evidence of record which show the applicant was awarded MOS 11B. In the absence of orders or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action in Vietnam, the eyewitness statements provided by the applicant alone are not sufficient as a basis for...
ARMY | BCMR | CY2011 | 20110004586
The applicant requests correction of his military records to show award of the Purple Heart for injuries received in the Republic of Vietnam (RVN). The applicant contends that his military records should be corrected to show award of the Purple Heart for injuries received during a mortar attack. _______ _ 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 | CY2009 | 20090013296
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. The applicant's military personnel records do not contain any evidence that the applicant provided the information requested. The applicant provides no timely documentary evidence from his service medical records to verify that he was wounded as the result of hostile action, that such wound required treatment by medical personnel, or...
ARMY | BCMR | CY2012 | 20120010025
His record does include a Report of Medical History, dated 10 September 1968, showing he received a gunshot wound to the right leg in March 1968 while serving in Vietnam. The available evidence supports his request for correction of his DD Form 214 to show the Purple Heart. 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 the wound he incurred on 11 March 1968; b. deleting the VSM and...
ARMY | BCMR | CY2009 | 20090005780
The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 10 January 1968 through 20 April 1969. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal; b. awarding the applicant the Purple Heart for wounds received in action in the...
ARMY | BCMR | CY2009 | 20090003778
The rating decision states the applicant had been treated for a wound he sustained to his left knee in February 1969. The applicant was wounded a second time in the left knee, in February 1969. While the evidence shows he received treatment by medical personnel for a wound that he sustained to his left knee, there is no evidence that shows he was wounded as a result of hostile action.
ARMY | BCMR | CY2009 | 20090004870
The applicant requests correction of his records to show he served in the Republic of Vietnam (RVN) and that he was awarded the Purple Heart. Records show the applicant served in the RVN from 8 February to 19 June 1969; however, item 30 of his DD Form 214 fails to document his service in Vietnam. There is no evidence in the applicants military personnel records that shows he was wounded as a result of hostile action; his DA Form 20 does not list the Purple Heart in item 41; the...
ARMY | BCMR | CY2005 | 20050004505C070206
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart. The Purple Heart is not listed as an authorized award of any of these documents. Evidence of record shows that the applicant’s record contains administrative error which does not require action by the Board.
ARMY | BCMR | CY2015 | 20150000975
Item 38 (Record of Assignments) * Headquarters and Headquarters Company, 3rd Battalion, 506th Infantry from 19 September 1968 to 20 September 1969 * 198th Medical Detachment 2 from 2 September 1969 to 26 March 1970 * Exclusively excellent" conduct and efficiency ratings c. Item 40 (Wounds) fragment wounds left knee, 14 January 1969 d. Item 41 (Awards and Decorations) * National Defense Service Medal * Vietnam Service Medal * RVN Campaign Medal with Device (1960) * Meritorious...
ARMY | BCMR | CY2012 | 20120019048
He was then transferred to a "Patient" status in the Medical Holding Detachment of the 106th General Hospital located in Japan from 17 May through 3 July 1968. c. Item 40 (Wounds) of his DA Form 20 shows he sustained a fragment wound to his left knee on 17 April 1968. Army Regulation 600-8-22 states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. As a result, the Board recommends that all Department of the...