IN THE CASE OF:
BOARD DATE: 18 March 2010
DOCKET NUMBER: AR20090017264
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 and awards and decorations for his service in Vietnam. He also requests that his DD Form 214 (Report of Separation from Active Duty) be corrected to show his service in Vietnam.
2. The applicant states, in effect, that his DD Form 214 does not show his service in Vietnam from July 1973 to March 1974, that he was wounded in action, or his awards and decorations for his service in Vietnam. He contends that he still has a round [shrapnel] in his left leg that gives him problems, that he does not want any money, and that he just wants his DD Form 214 corrected.
3. The applicant provides no documentary evidence 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. The applicant enlisted in the Regular Army on 22 January 1973 for a period of 3 years. He trained as a food service specialist. He was honorably released from active duty on 21 January 1976 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. The applicant's DD Form 214 shows the National Defense Service Medal as an authorized award.
4. There is no evidence in the available records which shows the applicant was awarded the Purple Heart or that he was wounded as a result of hostile action.
5. There is no evidence of record which shows the applicant served in Vietnam.
6. Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) covering the period 22 January 1973 through 24 December 1974 does not show any assignments in Vietnam.
7. Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) is blank.
8. 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 required treatment by military medical personnel, and the medical treatment must have been made a matter of official record.
9. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal. This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.
10. Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960). This medal was awarded by the Government of Vietnam 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.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant contends that he was wounded in action in Vietnam, there is no evidence of record which shows he served in Vietnam. There are no orders for the Purple Heart or any evidence that he was wounded as a result of hostile action. Therefore, there is insufficient evidence on which to base award of the Purple Heart in this case.
2. Since there is no evidence of record which shows the applicant served in Vietnam, there is no basis for granting his request for Vietnam awards or to amend his DD Form 214 to show service in Vietnam.
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) AR20090017264
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090017264
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130011688
Army Regulation 600-8-22 states the RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam 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. Therefore, he served a period of qualifying service for award of the RVN Campaign Medal with Device (1960) and correction of his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2010 | 20100019361
Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained as a result of hostile action. Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam 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. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2011 | 20110013287
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. While the original rules established that the Purple Heart would be awarded to individuals killed or wounded as a result of hostile action the amendment enabled the Secretaries of each department to award the Purple Heart to members of the armed forces who were killed or wounded in action by weapons fire, while directly...
ARMY | BCMR | CY2008 | 20080010482
IN THE CASE OF: BOARD DATE: 26 August 2008 DOCKET NUMBER: AR20080010482 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicants PEB Proceedings which state he sustained multiple fragment wounds as a result of hostile artillery fire on 14 March 1971 in Vietnam is accepted as sufficient evidence on which to base award of the Purple Heart in this case. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him...
ARMY | BCMR | CY2011 | 20110016364
He served as a light weapons infantryman assigned to Company E, 1st Battalion of the 501st Infantry in Vietnam from 16 December 1967 until he was wounded in action on 22 March 1968 and transferred to the United States on 18 April 1968 for further medical treatment. His DD Form 214 should be 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 by: a. awarding him the Purple Heart for wounds...
ARMY | BCMR | CY2008 | 20080006234
The FSMs records show that he was inducted into the Army of the United States on 6 June 1968. With respect to the FSM's second award of the Purple Heart, there are no general orders that show he was awarded a second award of the Purple Heart; there is no evidence in his service personnel records which shows that he was wounded or injured a second time as a result of hostile action or treated for such wounds; and the FSM's name is not listed a second time on the Vietnam Casualty Roster. ...
ARMY | BCMR | CY2012 | 20120009823
The applicant states the FSM should have received the Purple Heart because he was wounded on 22 April 1967 in Vietnam. The applicant provides: * Service medical records * FSM's death certificate * FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * Page 4 of his DA Form 20 (Enlisted Qualification Record) * Western Union telegram CONSIDERATION OF EVIDENCE: 1. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2011 | 20110018598
Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. Therefore, this evidence is sufficient as a basis for awarding him the Purple Heart for wounds received...
ARMY | BCMR | CY2014 | 20140020603
The applicant states, in effect, although he was awarded the Purple Heart for a wound he sustained while serving in the Republic of Vietnam (RVN), it was not shown on his DD Form 214. The applicant has requested, in part, to have his DVA medical eligibility status changed to Priority Group 3 based upon being awarded the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 the...
ARMY | BCMR | CY2010 | 20100025856
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart. The evidence of record shows the applicant was wounded in Vietnam on 10 February 1968 during hostile action and he was treated for those wounds. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 13 of his DD Form 214 for the period ending 30 May 1973 the...