IN THE CASE OF:
BOARD DATE: 22 June 2010
DOCKET NUMBER: AR20090021210
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:
* he has shrapnel in his left arm as a result of an incident on 23 January 1968 in Vietnam
* his unit was ambushed during a mounted search and destroy mission
* the armored personnel carrier he was on was hit by at least 1 rocket propelled grenade
* the medic tagged him but he was not dusted off
* the shrapnel is sometimes bothersome in cold weather
3. The applicant provides:
* two -radiology reports
* DD Forms 214 (Report of Transfer or Discharge) for the periods 18 April 1969 and 16 October 1973
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 was inducted into the Army of the United States on 12 July 1967. He served as an infantry indirect fire crewman in Vietnam from
17 December 1967 to 16 December 1968. On 18 April 1969, he was honorably discharged for enlistment in the Regular Army. He enlisted in the Regular Army on 19 April 1969 for a period of 4 years. He served as an infantry indirect fire crewman in Vietnam from 4 May 1970 to 25 April 1971. On 16 October 1973, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Standby) to complete his remaining service obligation.
3. The applicant's DD Forms 214 for the periods ending 18 April 1969 and
16 October 1973 do not show the Purple Heart as an authorized award.
4. There are no orders for the Purple Heart in the applicants service personnel records.
5. The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) of his DA Form 20 is blank. The applicant's name does not appear on the Vietnam Casualty Roster.
6. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
7. In support of his claim, the applicant provided two radiology reports, dated
4 December 1991 and 2 November 2009. These reports state left forearm x-rays show there is a small metallic foreign body in the subcutaneous tissues of the forearm, radial aspect, approximately 5 cm distal to the elbow. The impression on the 4 December 1991 report states "A 1 X 4 millimeter radiopaque foreign body." The impression on the 2 November 2009 states "Small shrapnel fragment in the lateral aspect of the proximal forearm soft tissue." However, there is no evidence this metallic foreign body is the result of hostile action.
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 medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
There is no evidence of record which shows that the applicant was wounded as a result of hostile action in Vietnam. 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 radiology reports provided by the applicant are not sufficient as a basis for award of the Purple Heart. Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case.
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) AR20090021210
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090021210
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120021132
The applicant, the son of a former service member (FSM), requests his father be awarded the Purple Heart for wounds received on or about 8 November 1968 in Vietnam. There is no evidence in the available records which show the FSM was awarded the Purple Heart or that he was wounded as a result of hostile action in Vietnam. There is insufficient evidence in the available record that shows the FSM was wounded as a result of hostile action in Vietnam.
ARMY | BCMR | CY2011 | 20110012281
The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service): Vietnam from 2 August 1966 through 5 August 1967; b. item 38 (Record of Assignments): Company A, 5th Battalion, 7th Cavalry, 1st Air Cavalry Division (Airmobile), from 20 August 1966 through 2 August 1967; c. item 40 (Wounds): contains no entries; and d. item 41 (Awards and Decorations) no listing of the Purple Heart. A review of the applicant's military personnel records failed to reveal any...
ARMY | BCMR | CY2014 | 20140012154
f. The ROP stated that his medical records were not available for the time he was in Vietnam and that his personnel records were void of nearly all documentation related to Vietnam. He has the Army Commendation Medal, shrapnel still in his arm, and the Board states he needs more proof. There is no available evidence of record and the applicant did not provide sufficient evidence provided showing he show he sustained a wound/injury as a result of enemy action, received treatment, and that...
ARMY | BCMR | CY2014 | 20140017178
Specifically, he requests: * award of the Purple Heart for wounds received during his service in the Republic of Vietnam * correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Purple Heart * correction of his DD Form 214 to show he was separated in the rank/grade of sergeant (SGT)/E-5, vice specialist four (SP4)/E-4 2. The applicant states: * in March 1970, he was setting up Landing Zone (LZ) Caroline when the unit came...
ARMY | BCMR | CY2013 | 20130013613
The applicant requests correction of his records to show award of the Purple Heart. A review of the applicant's military personnel records failed to reveal any orders or other evidence that shows he was awarded the Purple Heart. The applicant contends that his records should be corrected to show award of the Purple Heart because he was injured by shrapnel while serving in the Republic of Vietnam.
ARMY | BCMR | CY2009 | 20090008422
IN THE CASE OF: BOARD DATE: 24 September 2009 DOCKET NUMBER: AR20090008422 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. 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 radiology report provided by the applicant is...
ARMY | BCMR | CY2010 | 20100019766
The applicant requests award of the Purple Heart and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award. The applicant's request for award of award of the Purple Heart, and correction of his DD Form 214 to show this award was carefully considered; however, there is insufficient evidence to support his request. Notwithstanding the evidence he provided, neither his available records, nor the Vietnam casualty roster, provide...
ARMY | BCMR | CY2010 | 20100020029
The applicant requests award of the Purple Heart for an injury received while serving in the Republic of Vietnam (RVN). The applicant states he was injured during combat when "the guns on our duster exploded." Furthermore, there is no available evidence of record showing that he was injured or wounded while engaged in combat against an armed enemy.
ARMY | BCMR | CY2015 | 20150000982
BOARD DATE: 1 October 2015 DOCKET NUMBER: AR20150000982 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Army Regulation 600-8-22 (Military Award) states the: a. Purple Heart is awarded for a wound sustained as a result of enemy action. There must be evidence confirming the wound for which the award is being made was received as a direct result of, or was caused by enemy action, that the wound was treated by medical personnel, and a record of this treatment must have been made a matter of...
ARMY | BCMR | CY2010 | 20100025136
A review of the applicant's military personnel records failed to reveal any evidence he was authorized or awarded the Purple Heart. Both the applicant and his former platoon sergeant state metal from a bullet ricocheted into the applicant's left jaw. In view of all of the foregoing, there is insufficient evidence to support the applicant's claim to the Purple Heart.