Search Decisions

Decision Text

ARMY | BCMR | CY2010 | 20100011990
Original file (20100011990.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  26 October 2010

		DOCKET NUMBER:  AR20100011990 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states he was awarded the Purple Heart for injuries he sustained in combat.

3.  The applicant provides his DD Form 214, DA Form 20 (Enlisted Qualification Record), and a letter from a veteran who says he was working as a medic in a hospital in Japan where the applicant was taken when he was wounded.

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's military records show he was inducted into the Army of the United States on 8 September 1967, was awarded the military occupational specialty of light weapons infantryman, served in Vietnam from 16 February 1968 to 14 January 1969, and was promoted to pay grade E-5.

3.  A DA Form 8-275-2 (Clinical Record Cover Sheet) contains the entry "Patient injured by hostile force claymore mine fragments, 0630 hours, 22 December 1968, Quan Loi, Republic of Vietnam."

4.  In a DA Form 2173 (Statement of Medical Examination and Duty Status), the applicant's company commander stated, "The pin from a fragmentation grenade was accidentally pulled by a new member of [the applicant's] squad.  In desperation, he threw the grenade out of the area, landing close to [the applicant].

5.  The Vietnam casualty list does not contain the applicant's name.  The applicant's DA Form 20 does not show he was wounded in item 40 (Wounds).

6.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for wounds 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.  While it would appear the applicant initially reported being wounded by a hostile claymore mine, after investigation it was determined that he was wounded by a fellow Soldier when that Soldier accidently pulled the pin on a hand grenade.

2.  Since the applicant was wounded accidently and not as a result of hostile action, he does not meet the criteria for award of the Purple Heart.  Therefore, his DD Form 214 should not be corrected to show this award.


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)                                         AR20100011990



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100011990



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140014594

    Original file (20140014594.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 he was awarded the Purple Heart. Neither item 40 (Wounds) nor item 41 (Awards and Decorations) of his DA Form 20 indicate he was either wounded in combat or awarded the Purple Heart. Notwithstanding the applicant's sincerity, regrettably, absent evidence that conclusively shows his wounds or injuries resulting from hostile action, that he was treated by medical...

  • ARMY | BCMR | CY2014 | 20140016275

    Original file (20140016275.txt) Auto-classification: Denied

    The applicant provides copies of the following: * two Standard Forms (SF) 88 (Report of Medical Examination) * two SFs 89 (Report of Medical History) * medical history * International Certificates of Vaccination * five SFs 600 (Health Record – Chronological Record of Medical Care) * SF 539 (Clinical Record – Abbreviated Clinical Record) * dental record * letter of commendation * SF 602 (Health Record – Dental Clinic) * DA Form 3082-R (Statement of Medical Condition) * DD Form 214 (Armed...

  • ARMY | BCMR | CY2014 | 20140012204

    Original file (20140012204.txt) Auto-classification: Denied

    The applicant requests reconsideration of his earlier request to correct his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart. The applicant provides clear evidence from his medical records showing he was wounded by a claymore mine while serving in Vietnam. For the Purple Heart to be awarded, the preponderance of the evidence must clearly show not only a wound's existence and that it was treated and recorded by medical...

  • ARMY | BCMR | CY2009 | 20090007419

    Original file (20090007419.txt) Auto-classification: Denied

    The applicant states that he suffered injuries in the Republic of Vietnam but was never given the Purple Heart. The available evidence shows the applicant suffered an injury to his hand as a result of an accidental claymore mine detonation on 16 December 1969 in the Republic of Vietnam. In the absence of documentation that conclusively show his claymore mine accident was a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.

  • ARMY | BCMR | CY2008 | 20080009470

    Original file (20080009470.txt) Auto-classification: Denied

    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. In accordance with the criteria for award of the Purple Heart his accidental injury, while tragic, does not qualify for award of the Purple Heart. 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.

  • ARMY | BCMR | CY2010 | 20100024885

    Original file (20100024885.txt) Auto-classification: Approved

    He provided various records of medical care that show he sustained an injury during the discharge of a claymore mine by friendly forces and received medical treatment for this injury. Therefore, there is sufficient evidence to show he was wounded in action in Vietnam on or around 4 May 1970 which would entitle him to award of the Purple Heart and correction of his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual...

  • ARMY | BCMR | CY2011 | 20110013287

    Original file (20110013287.txt) Auto-classification: Denied

    Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. While the original rules established that the Purple Heart would be awarded to individuals killed or wounded as a result of hostile action the amendment enabled the Secretaries of each department to award the Purple Heart to members of the armed forces who were killed or wounded in action by weapons fire, while directly...

  • ARMY | BCMR | CY2006 | 20060012163

    Original file (20060012163.txt) Auto-classification: Denied

    Fields Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of the Purple Heart. Therefore, he is entitled to correction of his records to show this award.

  • ARMY | BCMR | CY2011 | 20110024388

    Original file (20110024388.txt) Auto-classification: Denied

    He provided Medical Evaluation Board (MEB) proceedings, dated 30 April 1970, which state: * he was injured when blasting caps he was carrying in his right hand were detonated by sparks from an exploding trip flare while he was setting up for a night ambush * he suffered a traumatic amputation of his right forearm, below elbow * the entry "AI" 13. 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...

  • ARMY | BCMR | CY2008 | 20080014252

    Original file (20080014252.txt) Auto-classification: Denied

    The applicant's military records do not show that he was awarded the Purple Heart. The applicant contends that his military records should be corrected to show the award of the Purple Heart. While the sincerity of the applicant's claim to entitlement to award of the Purple Heart is not in question, regrettably, absent evidence which conclusively proves, by a preponderance of the evidence, that he was wounded or injured as a result of hostile action, there is insufficient basis upon which...