Search Decisions

Decision Text

ARMY | BCMR | CY2010 | 20100009810
Original file (20100009810.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  31 August 2010

		DOCKET NUMBER:  AR20100009810 


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 that he be awarded the Purple Heart.

2.  The applicant states, in effect, that while riding in the communications track in  heavily wooded area on a combat sweep, his track stopped after hitting a tree. When the track backed up, a limb fell and injured the hand of the machine gunner in the turret.  Once he was removed, he (the applicant) took his place and when the track attempted move again, a second branch swung around and hit him in the face, causing him to be medically evacuated to a hospital for treatment.  He spent 32 days in the hospital and another 4 to 6 weeks on restricted duty before returning to duty.

3.  The applicant provides:

* Four third-party statements from members of his unit in Vietnam
* A copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Four pages of his medical records
* A copy of a 5 June 1967 DA Form 1 (Morning Report)

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 was inducted in Brooklyn, New York on 7 December 1965 and was transferred to Fort Lewis, Washington for assignment to Company A, 2d Battalion, 22d Infantry Regiment, 4th Infantry Division to undergo his training as a light weapons infantryman.  He was advanced to the pay grade of E-4 on 17 September 1966.

3.  On 22 September 1966, he was transferred to Vietnam with his unit.  He was awarded the Combat Infantryman Badge (CIB) on 18 November 1966 and was promoted to the rank of sergeant on 13 May 1967.

4.  He departed Vietnam on 11 September 1967 and was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 15 September 1967 as an overseas returnee.  He had served 1 year, 9 months, and 9 days of total active service and he was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Vietnam Campaign Medal, the Combat Infantryman Badge, the Presidential Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

5.  A review of the available records to include a search of the Vietnam Casualty Listing failed to show that the applicant was wounded as a result of enemy action or that he was reported as a battle casualty.  

6.  A review of the medical records provided by the applicant show that on 4 June 1967 while conducting a combat sweep, the applicant was struck in the face by a tree limb while riding on an armored personnel carrier (APC) which required hospitalization and treatment.

7.  A review of the third-party statements provided by the applicant indicate essentially the same information as conveyed by the applicant.  

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 a medical officer, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should have been awarded the Purple Heart for his injuries in Vietnam on 4 June 1967 has been noted; however, the applicant has failed to show through the evidence submitted with his application and the evidence of record that his injury was the resultant cause of enemy action.

2.  While there is no doubt that he was in fact injured on the date in question, there is no evidence that enemy action was in any way involved in the injury.  By his own admission and that of his comrades, the APC struck a tree while trying to negotiate the heavy jungle and during an attempt to extract the APC, the injury in question occurred.

3.  Accordingly, it does not appear that the applicant’s injury meets the criteria for award of the Purple Heart.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   _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)                                         AR20100009810





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100009810



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2002 | 2002070182C070402

    Original file (2002070182C070402.rtf) Auto-classification: Approved

    He also states that he never received the Purple Heart “even though I was injured (wounded) and hospitalized.” In support of his application, the applicant submitted 26 pages of his service medical records. There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action during his assignment in Vietnam. Orders show that the applicant is entitled to award...

  • ARMY | BCMR | CY2014 | 20140019067

    Original file (20140019067.txt) Auto-classification: Approved

    In the original consideration of his case that occurred on 24 February 2000, the applicant submitted a medical statement indicating he had sustained an ear injury in October 1968 and in July 1999, officials from the Army's Personnel Command informed him that he was not authorized an award of the Purple Heart because his injury was considered accidental. Creditable witness statements indicate he received injuries from an enemy act (being blown off an APC due to a landmine explosion). As a...

  • ARMY | BCMR | CY2008 | 20080016574

    Original file (20080016574.txt) Auto-classification: Denied

    The applicant requests he be awarded the Purple Heart and that it be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). There are no orders awarding the applicant the Purple Heart and his records do not contain evidence that he was ever wounded in action. While the Board does not question the sincerity of these statements, by themselves and without corroborating evidence, they are insufficient to establish entitlement to award of the Purple Heart.

  • ARMY | BCMR | CY2011 | 20110003521

    Original file (20110003521.txt) Auto-classification: Denied

    The applicant states: a. he was denied the Purple Heart because the medics at the first aid station did not record his injuries in his personnel records. The applicant's record does not contain a notification to his next of kin indicating that he had been wounded in action while he was in the Army. _______ _ 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 | 20090005173

    Original file (20090005173.txt) Auto-classification: Denied

    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 Combat Infantryman Badge. The applicant states that he was wounded on 17 December 1967 while serving as an infantry squad leader in his infantry military occupational specialty (MOS) in the Republic of Vietnam. The applicant contends that his DD Form 214 should be corrected to show award of the Combat Infantryman Badge.

  • ARMY | BCMR | CY2014 | 20140016711

    Original file (20140016711.txt) Auto-classification: Approved

    Headquarters, 25th Infantry Division, General Orders (GO) Number 1055, dated 8 March 1968, awarded the applicant the Purple Heart for wounds received in action against a hostile force on 5 March 1968. The applicant's request for correction of his military service records to show he sustained a concussion and was awarded a second award of the Purple Heart was carefully considered. As a result, the Board recommends that all Department of the Army records of the individual concerned be...

  • ARMY | BCMR | CY2010 | 20100022864

    Original file (20100022864.txt) Auto-classification: Approved

    A self-authored statement, dated 21 October 2009, wherein he states he served as the platoon sergeant of the 1st Platoon, C Troop. d. An undated statement from another former member (tank gunner) of the applicant's platoon wherein he states on or around 20 August 1968, they were returning from a mine sweep mission to QTC when their tank hit a bomb that damaged the right front of the tank. Notwithstanding the applicant's sincerity and the sincerity of his former platoon members, in the...

  • ARMY | BCMR | CY2010 | 20100006939

    Original file (20100006939.txt) Auto-classification: Approved

    Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060008643 on 21 February 2007. The service dental records and VA documentation provided by the applicant are new evidence which will be considered by the Board. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....

  • ARMY | BCMR | CY2008 | 20080006035

    Original file (20080006035.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). There is no evidence in the available records which show 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 eyewitness statements provided by the applicant are not sufficient as a basis...

  • ARMY | BCMR | CY2011 | 20110000539

    Original file (20110000539.txt) Auto-classification: Denied

    The criteria for the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record. The applicant's service record is void of any orders that show he was awarded the Purple Heart or that he was wounded or injured as a result of combat. Notwithstanding the applicant's...