IN THE CASE OF:
BOARD DATE: 9 September 2010
DOCKET NUMBER: AR20100009692
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 (Report of Transfer or Discharge) to show award of the Purple Heart.
2. The applicant states:
* He was wounded and received shrapnel in the left side of his chest during a firefight on 28 February 1967 in Vietnam and he was awarded the Army Commendation Medal with "V" Device
* He should have been awarded the Purple Heart
3. The applicant provides orders for the Army Commendation Medal with "V" Device 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 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 10 August 1966. He served as a light weapons infantryman in Vietnam from 7 January 1967 to 8 January 1968.
3. The applicant was awarded the Army Commendation Medal for heroism on 28 February 1967. The award citation does not indicate he was wounded during that action.
4. On 9 August 1968, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining military service obligation.
5. The applicant's DD Form 214 does not show the Purple Heart as an authorized award.
6. There are no orders for the Purple Heart in the applicants service personnel records.
7. 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.
8. 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 award of the Purple Heart.
9. 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:
1. The applicant contends he was wounded and received shrapnel in the left side of his chest during a firefight on 28 February 1967 in Vietnam.
2. The orders for the Army Commendation Medal with "V" Device for heroism on 28 February 1967 in Vietnam were noted. However, the citation for this medal does not state the applicant was injured or wounded as a result of hostile action on that day.
3. There is no evidence of record which shows the applicant was wounded or injured as a result of hostile action in Vietnam. There are no orders for the Purple Heart in the available records. 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) AR20100009692
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100009692
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090003882
The applicant states, in effect, that he should have been awarded the Purple Heart for wounds he received in Vietnam on 4 March and on 2 November 1968. The evidence does show the applicant complained of shrapnel in his chest; however, the medical records entry does not form a basis for award of the Purple Heart to him. The Standard Form 513 the applicant submitted to support his request for award of the Purple Heart for an injury he states he sustained on 2 November 1968 as a result of an...
ARMY | BCMR | CY2009 | 20090008209
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded the Purple Heart and the Army Commendation Medal. The DD Form 214 that he was furnished shows that he was awarded the Parachutist Badge, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, and the Republic of Vietnam Campaign Medal. There is no evidence in the applicant's records...
ARMY | BCMR | CY2009 | 20090020481
The applicant further states that the Board stated his name did not appear on the Vietnam Casualty List and used this to support the decision to deny his application. In support of his request for reconsideration, the applicant provides copies of his Enlisted Disability Retirement Orders, a prescription from his medical doctor, and a letter from NARA. The available evidence contains no orders, or other documents confirming the injuries the applicant received to his chest and hand were...
ARMY | BCMR | CY2007 | 20070012962
There are no general orders that show the applicant was awarded the Purple Heart; there is no evidence in his service personnel records that shows he was wounded or injured as a result of hostile action or treated for such wounds; and the applicant's name is not listed on the Vietnam Casualty Roster. The evidence of record shows that the applicant was awarded the Vietnam Service Medal. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the...
ARMY | BCMR | CY2012 | 20120011478
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. There is nothing in several typical sources that show he was wounded in action or awarded the Purple Heart: * Item 40 (Wounds) of his DA Form 20 does not reflect a combat injury * Item 41 (Awards and Decorations) of this form does not list the Purple Heart * His available medical records do not reflect a combat injury or...
ARMY | BCMR | CY2009 | 20090005911
The evidence of record shows that the applicant completed a qualifying period of service for award of the Good Conduct Medal. Evidence of record shows the applicant participated in two campaigns during his service in Vietnam. 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 with First Oak Leaf Cluster for wounds received in action in Vietnam on 2 March 1967 and adding this award...
ARMY | BCMR | CY2012 | 20120005454
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 evidence he was awarded the Purple Heart. The medical records that the applicant provides show he was wounded in action on 9 June 1969 when he sustained injuries to his neck and right elbow and a fragment wound to his left hip.
ARMY | BCMR | CY2009 | 20090011480
The applicant states, in effect, that he was wounded in a firefight in Vietnam while serving as an infantryman in an infantry company and was subsequently awarded the Purple Heart and the Army Commendation Medal (ARCOM) with "V" Device for the same action; however, he was never awarded the CIB. He had served 3 years of total active service and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued at the time of his REFRAD shows that he was awarded the...
ARMY | BCMR | CY2009 | 20090001354
There is no evidence of record that shows the applicant received more than one award of the Army Commendation Medal. The evidence of record shows that the applicant completed a qualifying period of service for award of the Good Conduct Medal. 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 Army Commendation Medal and the Vietnam Service Medal; b. awarding the...
ARMY | BCMR | CY2008 | 20080016007
The applicants records show he was issued three awards of the Good Conduct Medal, issued on miscellaneous dates, by various Headquarters, for exemplary behavior, efficiency, and fidelity, from 4 February 1967 through 3 February 1960 (1st Award); from 18 December 1961 through 17 December 1964 (2nd Award); and from 20 March 1965 through 19 March 1968 (3rd Award). Item 24 of the applicant's DD Form 214, dated 23 February 1972, shows he was awarded the Vietnam Service Medal with two bronze...