IN THE CASE OF: HORN, JOHN R.
BOARD DATE: 23 December 2010
DOCKET NUMBER: AR20100016644
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 award of the Purple Heart.
2. He states, in effect, he was jumping the battery/starter on an M60 Tank Gun in order to move it away from the area during a mortar attack. He adds the battery flashed and caused burns to his fingers and hand. He offers he spent six weeks in the hospital on the burn ward.
3. He provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a Clinical Record Narrative Summary.
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's military records show he enlisted in the Regular Army on
4 September 1968. He served in Vietnam from 11 June 1970 to 3 May 1971. He was honorably released from active duty on 3 May 1971.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not list the Purple Heart as an authorized award.
4. He provided a copy of his Clinical Record Narrative Summary that shows he was admitted to the hospital on 25 February 1971 for a third degree burn on the left fourth proximal phalanx. This document shows the burn was the result of his wedding ring touching a battery and causing an electrical current. This document shows no indication of enemy involvement in the incident.
5. Item 40 (Wounds) on his DA Form 20 (Enlisted Qualification Record) shows no entries of any wounds received.
6. The available records contain no documentation showing he sustained wounds or was treated for wounds incurred as a result of hostile action. His name is not listed on the Vietnam casualty roster.
7. His records contain no evidence of any general orders awarding him the Purple Heart. A 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 U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart.
8. Army Regulation 600-8-22 (Military Awards) provides 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. When contemplating an award of the Purple Heart, the key issue commanders must take into consideration is the degree to which the enemy caused the injury. The fact the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.
DISCUSSION AND CONCLUSIONS:
There are no general orders available awarding the applicant the Purple Heart and his name is not listed on the Vietnam casualty report. He provided a copy of his clinical record in which it shows he was hospitalized for a third degree burn to his finger caused by his wedding ring touching a battery and causing an electrical current. However, without evidence showing he was wounded as a result of hostile action, there is an insufficient basis for 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) AR20100016644
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100016644
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130014619
The applicant states: * he made new discoveries of his deceased father's injuries suffered while he was a prisoner of war (POW) under the Japanese during World War II (WWII); his name is listed as a POW on the National Archives * his father received several injuries while a POW and those injuries are documented through his personal interviews and his medical records 3. His WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Service) shows he departed the continental...
ARMY | BCMR | CY2009 | 20090013605
The applicant requests award of the Purple Heart for injuries he received in Vietnam. In the absence of any other corroborating evidence of record which shows the applicant was wounded or injured as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case. _______ _ 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 | CY2003 | 2003088017C070403
Counsel for the applicant echoes the applicant's request and in addition asks that the Vietnam Service Medal also be awarded and added to the applicant's DD Form 214. The applicant's DD Form 214 does not show this unit award as an authorized award. a. awarding the applicant the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm; and 2 Overseas Service Bars and adding these awards to...
ARMY | BCMR | CY2015 | 20150000829
He has the piece of shrapnel that was taken from his arm while at the hospital. There is no medical evidence in his available record that shows he was wounded as a result of hostile action while in an active duty status. He provides a statement of support wherein one individual stated the applicant was wounded in the arm and had not shot himself.
ARMY | BCMR | CY2010 | 20100020032
Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not reflect a combat wound or injury and item 41 (Awards and Decorations) does not show award of the Purple Heart. In this case, the evidence of record shows the applicant's finger injury resulted from an unfortunate accident. Additionally, his record is void of any orders that show he was awarded the Purple Heart, his name is not shown on the Vietnam casualty roster, his DA Form 20 does not indicate any combat wounds,...
ARMY | BCMR | CY2005 | 20050017469C070206
On the date he was released from active duty, he had completed 1 year, 10 months, and 22 days active military service, with no days lost. As a company medic, he had numerous wounded to treat that day; many of those Soldiers with shrapnel wounds. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by a. deleting the Army Commendation Medal; the Army Commendation Medal, with "V" Device; and the Vietnam Service Medal from the...
ARMY | BCMR | CY2003 | 03096187C070212
The applicant states that there are no records of the injuries he sustained to his left hand, nor any records of his hearing problem. There are no medical records of his injuries. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.
ARMY | BCMR | CY2008 | 20080013325
The applicant's service personnel record contains a Standard Form 600 (Chronological Record of Medical Care) which shows he was treated on 11 October 1967 for second degree burns to his fingers on his left hand. In the absence of any other corroborating evidence of record which shows that the applicant was wounded or injured as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case. ________XXX______________ CHAIRPERSON I...
ARMY | BCMR | CY2015 | 20150004142
In his request for reconsideration, he stated: * he sustained a concussion in Vietnam and was sent to Japan to recover from this concussion * he was not sent back to Vietnam because of the medical issues with hearing loss, headaches, and post-traumatic stress disorder (PTSD) which are all service-connected * he was given a permanent physical profile and upon returning stateside, he was assigned to supply, then finance, then special services * he was also treated at Fort Meade, MD for ears,...
ARMY | BCMR | CY2012 | 20120009429
Additionally, there is no evidence in the available record and the applicant has not provided any evidence showing he was awarded the Purple Heart. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Absent evidence that conclusively shows the applicant sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds...