IN THE CASE OF:
BOARD DATE: 19 May 2010
DOCKET NUMBER: AR20090019353
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart.
2. The applicant states that he received a shell fragment wound to his right arm while in the Republic of Vietnam. He was sent to the battalion aid station.
3. The applicant provides a copy of a newspaper article, dated 22 September 1971, reporting that he had been wounded in action and was awarded the Purple Heart.
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 21 January 1970, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 52B (Power Generator Operator/Mechanic). He was subsequently assigned for duty in the Republic of Vietnam.
3. On 14 October 1970, the applicant was assigned for duty as a repair parts specialist with Headquarters and Headquarters Battery, 6th Battalion, 11th Field Artillery Regiment.
4. On 21 September 1971, the applicant was assigned as a patient to the Medical Holding Company, 95th Evacuation Hospital. On 2 October 1971, he was further assigned to Valley Forge General Hospital.
5. On 24 November 1971, the applicant was released from patient status and assigned to Fort Campbell, Kentucky.
6. On 5 May 1972, the applicant was discharged. He had completed 2 years, 1 month, and 17 days of creditable active duty service.
7. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
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. Item 41 (Awards and Decorations) of this same form does not show award of the Purple Heart.
10. 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.
11. Army Regulation 600-8-22 (Military Awards) provides 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.
12. The applicant provided a newspaper article from the Chillicothe Gazette, dated 22 September 1971, that reports he had received the Purple Heart for wounds suffered in action while assigned as a radio telephone operator in the 6th Battalion, 11th Field Artillery Regiment.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was wounded in action and that his DD Form 214 should be corrected to show award of the Purple Heart.
2. There are no general orders available that show the applicant was awarded the Purple Heart. The applicant's name is not listed on the Vietnam casualty roster.
3. The newspaper article provided by the applicant is not sufficient evidence by itself upon which to base a correction of his records.
4. Should he have or be able to obtain a copy of the orders awarding him the Purple Heart or be able to provide other evidence to corroborate this award, such as his service medical records showing he was treated for wounds received in action, he may submit another application for consideration.
5. In view of the above, the applicant's request should be denied.
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) AR20090019353
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090019353
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140001418
His records contain General Orders (GO) Number 28, issued by Headquarters, 54th Field Artillery Group, on 15 June 1969, awarding him the Purple Heart for wounds received in action in Vietnam on 18 May 1969. GO awarded him the Purple Heart for wounds received in action on 18 May 1969, and he states he was awarded the Purple Heart for his June 1969 wounds. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from...
ARMY | BCMR | CY2006 | 20060012376
The DD Form 214 that was issued to him at the time of his release from active duty shows that he was awarded the Bronze Star Medal with V (for Valor) Device, the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal. The applicant participated in three campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show three bronze service stars to be affixed to his already-awarded Vietnam Service...
ARMY | BCMR | CY2010 | 20100013073
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the: * Purple Heart * Combat Action Badge * Red bar or red ribbon [properly known as the Meritorious Unit Commendation] with oak leaf cluster * Presidential Unit Citation 2. His records show 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...
ARMY | BCMR | CY2008 | 20080011975
The applicant requests correction of his military records to show awards of the Purple Heart and the Combat Medical Badge. The applicant departed Vietnam on or about 25 September 1969. There is no evidence in the available records and the applicant has not provided evidence that shows his injury was a result of hostile action.
ARMY | BCMR | CY2008 | 20080010484
Therefore, there is sufficient evidence to show that he is entitled to award of the Purple Heart and correction of his records to show this award. The evidence of record shows the applicant 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 the applicant the Purple Heart for wounds received in action on 31 January 1968, in the Republic of Vietnam; b. awarding the applicant...
ARMY | BCMR | CY2004 | 20040007392C070208
The applicant requests that his records be corrected to reflect two awards of the Purple Heart and a Bronze Star Medal. There is no medical evidence which confirms that the applicant was wounded as a result of hostile action during either of his tours of duty in Vietnam. Unfortunately, there is no medical evidence which confirms that the applicant was wounded as a result of hostile action during either of his tours of duty in Vietnam.
ARMY | BCMR | CY2007 | 20070017049
There are no orders in the applicants military service records that show he was awarded the Purple Heart. The evidence of record shows that the applicant served 13 months in the Republic of Vietnam. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by: a. deleting from Item 26 of his DD Form 214 the Good Conduct Medal; and b. adding to Item 26 of this DD Form 214 the Good Conduct Medal (2nd Award), Meritorious Unit...
ARMY | BCMR | CY2006 | 20060006696C070205
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 October 2006 DOCKET NUMBER: AR20060006696 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 provides a copy of his DA Form 20; a photocopy of an envelope; a DA Form 8-119 (Hospital Arrival Notice); and a copy of his DD Form 214 (Report of Transfer or Discharge). Evidence shows that the...
ARMY | BCMR | CY2007 | 20070006494
Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Good Conduct Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Records show that the applicant participated in three campaigns during his service in the Republic of Vietnam. Therefore, the Board requests that the...
ARMY | BCMR | CY2008 | 20080002782
The applicant provides his DD Form 214; a proposed citation for the Meritorious Unit Commendation; a Standard Form (SF) 93 (Report of Medical History), dated 16 March 1972; four pages of extracts from his service medical records; a DA Form 8-274 (Medical Condition Physical Profile Record), dated 7 April 1969, and a DA Form 3349 (Medical Condition Physical Profile Record), dated 9 May 1969. There is no evidence of record to show the applicant was awarded an Artillery Medal. Evidence of...