IN THE CASE OF:
BOARD DATE: 29 December 2010
DOCKET NUMBER: AR20100014852
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 his record be corrected to show award of the Purple Heart and his prisoner of war (POW) status.
2. The applicant states he was on a special operation with the U.S. Marine Corps (USMC) in Cambodia during October 1969-January 1970 and was captured for two weeks. His records have been deleted or blacked out. He states he received shrapnel wounds while in Vietnam in 1969.
3. The applicant provides no supporting documentation.
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 service medical and dental records are believed to be on permanent loan to the Department of Veterans Affairs and are not available for review.
3. The applicant enlisted in the Regular Army on 21 June 1968. He completed training and was awarded the military occupational specialties 63B (Wheeled Vehicle Repairman) on 14 August 1968 and 76Y (Armorer/Unit Supply Specialist) on 9 February 1969.
4. His DA Form 20 (Enlisted Qualification Record) shows assignment to the 93d Engineer Battalion in Vietnam from 12 July 1969 through 8 June 1970.
5. Headquarters, 20th Engineer Brigade, General Orders Number 551, dated 30 April 1970, awarded the applicant the Army Commendation Medal for meritorious service while assigned to the 93d Engineer Battalion from July 1969 through July 1970.
6. The applicant was honorably released from active duty as an overseas returnee on 13 June 1970 with 1 year, 11 months, and 23 days of creditable active service and no lost time.
7. The applicant's official military personnel file contains no indication of any service with the USMC or Army special forces. There are no blanks in his recorded assignments nor does his record contain any "blacked out" information.
8. A review of the Vietnam casualty list failed to locate any reference to the applicant.
9. Army Regulation 600-8-22 (Military Awards), paragraph 2-8, provides that the Purple Heart is awarded for a wound sustained in action against the enemy or as a 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.
10. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The ABCMR is required to decide cases on the evidence of record. It is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he was on a special operation with the USMC in Cambodia during October 1969-January 1970 and was captured for over 2 weeks. He claims his records have been deleted or blacked out. He states he received shrapnel wounds while in Vietnam in 1969.
2. The applicant has not provided and the record does not contain any evidence that he was ever assigned to or served with a USMC unit, that he was ever captured and held as a POW, or that he sustained a wound in action against the enemy or as a result of hostile action.
3. The ABCMR is not an investigative body. If the applicant believes there are documents or evidence to support his allegations, it is his responsibility to obtain and present that evidence.
4. Based on the above facts and findings, 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 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) AR20100014852
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100014852
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110013727
9th Infantry Division in Vietnam from 15 May 1970 through 28 September 1970; b. receipt of a shrapnel wound to his hip on 24 August 1970; c. medical evacuation from Vietnam with hospitalization at the 249th General Hospital and Great Lakes Naval Hospital from 29 August 1970 through 23 November 1970; and d. returned to Vietnam and served as a gunner with Troop A, 4th Squadron, 12th Cavalry regiment, 1st Brigade, 5th Infantry Division from 17 May 1971 through 5 February 1972. The time line...
ARMY | BCMR | CY2005 | 20050001264C070206
The applicant requests correction of his discharge document to show award of the Purple Heart and that he was in a Prisoner of War (POW) status. There is no evidence in the records that show he was in a POW status while he was in Vietnam. Since the applicant did not depart Vietnam until 18 February 1971, this provided Army officials more than a month and a half to report the appropriate changes in the applicant's duty status, to notify his next-of-kin, and document the applicant's status...
ARMY | BCMR | CY2005 | 20050001264C070206
The applicant requests correction of his discharge document to show award of the Purple Heart and that he was in a Prisoner of War (POW) status. There is no evidence in the records that show he was in a POW status while he was in Vietnam. Since the applicant did not depart Vietnam until 18 February 1971, this provided Army officials more than a month and a half to report the appropriate changes in the applicant's duty status, to notify his next-of-kin, and document the applicant's status...
ARMY | BCMR | CY2013 | 20130004078
The applicant further states treatment of his wounds should be in his military medical records. The applicant's complete military medical records are not available for review. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained as a result of hostile action.
ARMY | BCMR | CY2001 | 2001065619C070421
It confirms that units with which the applicant served earned the following awards during his tenure of assignment: Valorous Unit Award, for the period 1 May through 29 June 1970, as authorized in Department of the Army General Order (DAGO) 43, issued in 1972; Republic of Vietnam Gallantry Cross with Palm Unit Citation; and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. The evidence of record confirms that on 16 May 1970, while assigned to the RVN and on a combat...
ARMY | BCMR | CY2008 | 20080006932
The applicant provides: a. The applicant's records contain no evidence upon which an award of the Purple Heart may be made. In order to award a Purple Heart, evidence must show that a wound occurred and was the result of hostile action; that the wound required medical treatment; and that the medical treatment was made a matter of official record.
ARMY | BCMR | CY2011 | 20110018271
The applicant requests award of the Purple Heart. His official military record contains no evidence showing he was wounded as a result of hostile 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 | CY2011 | 20110009540
She also requests a personal hearing: * his prisoner of war (POW) status and the POW Medal * his Green Beret status * Silver Star * Bronze Star Medal * Air Medal * Purple Heart * Republic of Vietnam Wound Medal * Republic of Vietnam Campaign Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * South Vietnam Armed Forces Honor Medal, 2nd Class * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Parachutist Badge * his foreign service in Vietnam 2. The FSM was...
ARMY | BCMR | CY2011 | 20110010605
Counsel adds that during the Board's last consideration of the applicant's case, the analyst who wrote the case stated the evidence provided was determined to be sufficient to show that he met the criteria for award of the Purple Heart. 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 Numbers AR20050001942 on 23 November 2005 and...
ARMY | BCMR | CY2011 | 20110007970
The applicant requests, in effect, award of the Purple Heart for a shrapnel wound he received in Cambodia during the Vietnam War. The applicant states he received a shrapnel wound to his left wrist while serving on active duty in Cambodia during the Vietnam War. _______ _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.