IN THE CASE OF:
BOARD DATE: 22 February 2011
DOCKET NUMBER: AR20100019698
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 to be awarded the Purple Heart.
2. The applicant states he was wounded in Vietnam on 7 June 1969 during the incident for which he was awarded the Army Commendation Medal (ARCOM) with "V" Device. He goes on to state he received shrapnel wounds to his left mandible when a new guy stepped on a land mine. He further states he believes that because of the number of casualties and firefights that were going on the issuance of the Purple Heart was overlooked. He also states he is receiving service-connected disability for that injury from the Department of Veterans Affairs (VA).
3. The applicant provides a copy of his ARCOM with "V" Device Certificate and a copy of his VA Rating Decision.
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 into the Army of the United States in Columbus, Ohio, on 22 March 1968. He completed basic and advanced individual training at Fort Jackson, South Carolina. He was transferred to Vietnam on 31 August 1968 for assignment to the 243rd Field Service Company in Pleiku as a light truck driver. He was advanced to pay grade E-4 on 29 December 1968.
3. On 9 June 1969, General Orders Number 814 issued by Headquarters, U.S. Army Support Command, Qui Nhon, awarded the applicant the ARCOM with "V" Device for heroism on 7 June 1969 while serving as a sentinel in tower number 4. The citation makes no mention of the applicant being injured.
4. The available records show no evidence the applicant was injured or wounded while in Vietnam and his name is not contained in the Vietnam casualty listing.
5. He departed Vietnam on 23 August 1969 and was transferred to Fort Campbell, Kentucky, where he remained until he was honorably released from active duty (REFRAD) on 20 March 1970 due to his expiration of term of service. He completed 1 year, 11 months, and 29 days of total active service. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal with four bronze service stars, and the ARCOM with "V" Device.
6. A review of the Awards and Decorations Computer-Assisted Retrieval System, 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.
7. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify 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. While the sincerity of the applicant's claim that he was wounded on 7 June 1969 and should have been awarded the Purple Heart is not in doubt, he failed to show through the evidence submitted with his application and the evidence of record that he was, in fact, wounded and that treatment for his wound was made a matter of record.
2. In the absence of sufficient evidence to show otherwise, there appears to be no basis to grant his request. However, 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.
3. 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 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:
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) AR20100019698
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100019698
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120006679
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 and the Army Commendation Medal (ARCOM) with "V" Device. Therefore, his DD Form 214 should be corrected to show these unit awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 the Vietnam Service Medal, and b. adding to his DD Form...
ARMY | BCMR | CY2010 | 20100024211
The applicant states that he was awarded the Purple Heart for wounds received in Vietnam; however, it was not added to his DD Form 214. A review of his records failed to show he was awarded the Purple Heart; however, his name is contained on the Vietnam casualty listing as being wounded on 25 May 1969. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 13 September 1977 as...
ARMY | BCMR | CY2006 | 20060016260C071108
The applicant requests a 2nd award of the Purple Heart, a 2nd award of the Army Commendation Medal (ARCOM) with “V” Device, and any other awards he may be authorized. The applicant's Enlisted Qualification Record (DA Form 20) shows that he served in the Republic of Vietnam (RVN) from 10 February 1968 through 10 April 1969, and that during his RVN tour he was assigned to the 6th Battalion, 29th Field Artillery Regiment, 4th Infantry Division performing duties in MOS 13A, Cannoneer. Item 24...
ARMY | BCMR | CY2012 | 20120003237
The applicant requests to add the following awards to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge): * Purple Heart (2nd Award) * Army Commendation Medal (ARCOM) (2nd Award) * Air Medal (AM) 2. General orders awarded the applicant two Purple Hearts; however, orders show they both were awarded for wounds received on 16 September 1968. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2007 | 20070005530
There are no orders in the applicant's military service records awarding him the Purple Heart. There is sufficient evidence to correct the record to show the listed awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the Purple Heart for wounds received as a result of hostile action on 18 April 1968 in the Republic of Vietnam; b. deleting the Army Commendation Medal; and c. adding to his DD Form 214...
ARMY | BCMR | CY2009 | 20090004174
Paragraph 2-13 of the awards regulation contains guidance on award of the VSM and states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN. As a result, it would be appropriate to award the applicant the PH 1st Oak Leaf Cluster (2nd Award) for being wounded in action in the RVN on 28 March 1968 and to add the entry PH 1st Oak Leaf Cluster (2nd Award) to item 24 of his DD Form...
ARMY | BCMR | CY2009 | 20090013987
There are no orders or other evidence authorizing award of these decorations to the applicant. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows that the applicant was awarded the National Defense Service Medal, ARCOM with first oak leaf cluster, Combat Infantryman Badge, Purple Heart, Air Medal, Vietnam Service Medal (VSM) with one bronze service star, and the RVN Campaign Medal with Device (1960). As a result, the Board...
ARMY | BCMR | CY2010 | 20100025763
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Commendation Medal (ARCOM) with "V" Device, Combat Medical Badge (CMB), and two awards of the Purple Heart. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN. Therefore, there is insufficient evidence on which to base correcting his DD Form 214 to show a...
ARMY | BCMR | CY2010 | 20100019648
Application for correction of military records (with supporting documents provided, if any). There is no evidence in the applicant's military personnel records that shows he was wounded or treated for wounds as a result of hostile action. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Purple Heart for wounds received in action in the Republic of Vietnam on 10 July 1968; b. deleting from...
ARMY | BCMR | CY2010 | 20100012395
There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Combat Infantryman Badge. The applicant contends that his DD Form 214 should be corrected to show award of the Combat Infantryman Badge because he was awarded the badge by his company commander while serving in the RVN during the period January to June 1969. There are no orders that show the applicant was awarded the Combat Infantryman Badge.