IN THE CASE OF:
BOARD DATE: 24 August 2010
DOCKET NUMBER: AR20100010906
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 he be awarded the Purple Heart.
2. The applicant states he received a laceration to his Achilles tendon during a bombardment north of Quan Tree City. His injury was sustained during hostile fire and he should be awarded the Purple Heart.
3. The applicant did not provide any additional documentary evidence in support of his request.
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. His military records show he was inducted into the Army of the United States on 21 January 1969. He completed training and was assigned military occupational specialty 36K (Field Wireman). He served in Vietnam from on or about 7 July 1969 to on or about 20 July 1969.
3. He was honorably released from active duty in pay grade E-4 on 26 June 1970, for the reason and authority of hardship and was transferred to the U.S. Army Reserve Control Group (Annual Training).
4. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was a patient on the following dates and locations:
a. Medical Hold Company, U. S. Army 7th Field Hospital, USARPAC, on
20 July 1969, and
b. Medical Hold Company, U. S. Army Hospital, Fort Gordon, GA, on 30 July 1969.
5. There is no entry in Item 40 (Wounds) of his DA Form 20 showing he was wounded in action as a result of hostile enemy action. Item 41 (Awards and Decorations) of his DA Form 20 contains no entry showing he was awarded the Purple Heart.
6. There are no orders in his military personnel records awarding him the Purple Heart.
7. His medical records were not available for review with this case. His name does not appear on the Vietnam Casualty Roster.
8. Army Regulation 600-8-22 (Military Awards) specifies 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's request for award of the Purple Heart was carefully considered; however, there is insufficient evidence to grant relief.
2. Army Regulation 600-8-22 specifies in order to support award of the Purple Heart, there must be evidence confirming the wound/injury for which the award is being made was received as a direct result of or was caused by enemy action, the wound/injury required treatment by medical personnel, and a record of this treatment must have been made a matter of official record.
3. The evidence of record confirms he was evacuated from Vietnam after approximately 30 days but does not clearly indicate his injury or wound was the result of hostile action and his name does not appear on the Vietnam Casualty Roster.
4. Absent corroborating evidence confirming his contention, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.
5. In view of the foregoing, 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) AR20100010906
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100010906
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120019924
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 AR20110023324, on 3 May 2012. He served in Vietnam 20 October 1968 through 15 June 1969. c. His DA Form 20 (Enlisted Qualification Record) shows he was in a patient status from on or about 17 April 1969 to on or about 6 July 1969. d. His service record contains a hospital message...
ARMY | BCMR | CY2012 | 20120010103
His DD Form 214 does not show award of the Purple Heart. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action. In the absence of evidence to show he was wounded or injured as a result of hostile action, treated for such wound/injury, and the injury/wound was made a matter of official record, there is insufficient evidence upon which to base award of the Purple Heart.
ARMY | BCMR | CY2012 | 20120003742
The applicant provides: * copies of his service medical records * map of Vietnam * discharge orders from the U.S. Army Reserve CONSIDERATION OF EVIDENCE: 1. Nothing in five typical sources confirm he was wounded in action and/or treated for a combat injury/wound: * Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not reflect a combat wound or injury * Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart. Notwithstanding the...
ARMY | BCMR | CY2014 | 20140012703
Application for correction of military records (with supporting documents provided, if any). He received first aid from another Soldier and later the medic bandaged his injury. 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.
ARMY | BCMR | CY2008 | 20080012770
The applicant states, in effect, he sustained shrapnel wounds during a mortar and rocket attack on the evening of 26 March 1969 while stationed at Dong Tam base camp in the Republic of Vietnam (RVN). The applicant contends, in effect, that his request for award of the Purple Heart should be reconsidered based on new evidence he presents concerning shrapnel wounds he sustained during a mortar and rocket attack on the evening of 26 March 1969 while stationed at Dong Tam base camp in the RVN. ...
ARMY | BCMR | CY2015 | 20150000348
The FSM's records contain: a. Standard Forms 180 (Requests Pertaining to Military Records), dated 16 November 1994 and 12 December 1996, showing the FSM requested copies of his personnel and medical records for a service-connection claim with the VA. Regrettably, the Standard Form 504 provided by the applicant is insufficient evidence to support award of the Purple Heart to the FSM in this case.
ARMY | BCMR | CY2011 | 20110008051
He submitted a Purple Heart Certificate, dated 9 October 1970, that shows he was awarded the Purple Heart for wounds received in action on 8 October 1970. There are no general orders in his service personnel records that show he was awarded the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 24 of his DD Form 214 to add: * Purple Heart * Army Good Conduct Medal (1st Award) * RVN Gallantry...
ARMY | BCMR | CY2014 | 20140015761
A review of the applicant's medical records revealed he sustained a gunshot wound to the abdomen (involving injuries to his right kidney and liver) while serving in Vietnam on 3 September 1969. Army Regulation 600-8-22 (Military Award) states: a. There is no available evidence of record and the applicant did not provide sufficient evidence showing he sustained a wound/injury as a result of enemy action (emphasis added) for award of the Purple Heart during his period of service in Vietnam.
ARMY | BCMR | CY2010 | 20100021157
Application for correction of military records (with supporting documents provided, if any). The applicants Official Military Personnel File (OMPF) includes a Western Union Telefax and a U.S. Army Vietnam (USARV) message number date time group (DTG) 140312Z MAY 69, stating: * he was slightly wounded by fragments while at an artillery firing position when the area came under attack by a hostile force * he received multiple wounds to both ankles and his left arm * he was treated and...
ARMY | BCMR | CY2010 | 20100022913
There are no general orders in the applicant's service personnel records that show he was awarded the Purple Heart, but his name appears on the Vietnam casualty roster. It stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. As a result, the Board recommends that...