IN THE CASE OF:
BOARD DATE: 15 February 2011
DOCKET NUMBER: AR20100020155
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 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.
2. The applicant states he was injured by a grenade explosion over his head while serving in the Republic of Vietnam (RVN) that knocked him unconscious and left him bleeding from his right ear and with hearing loss to both ears. He states his focus was on survival, not on ensuring his record reflected this injury. He concludes by stating he should have received the Purple Heart for this injury and asks for relief by correcting his record to reflect this.
3. The applicant provides:
* personal statement
* Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim)
* General Orders Number 7418, dated 25 June 1969
* Bronze Star Medal Certificate
* Air Medal Citation
* Honorable Discharge Certificate
* DD Form 214
* newspaper article titled, "Sergeant W____ Returns from Vietnam July 11"
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 record shows he was inducted into the Army of the United States for a 24-month term on 6 February 1968. He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. Records show he served in the RVN from 11 July 1968 to 8 July 1969. During this time he was assigned to Troop D, 3d Squadron, 5th Cavalry Regiment, 9th Infantry Division.
4. His DD Form 214 shows he was honorably released from active duty on 5 February 1970 and transferred to the U.S. Army Reserve Control Group to complete the remainder of his service obligation. His DD Form 214 shows he completed 2 years of net service including 11 months and 28 days of foreign service.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the:
* Silver Star
* Bronze Star Medal
* Air Medal
* Army Commendation Medal
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation with one oak leaf cluster
6. His DA Form 20 (Enlisted Qualification Record), item 40 (Wounds), does not contain any entries identifying casualty wounds sustained during his service in Vietnam.
7. His available record does not contain any orders for the Purple Heart and his name does not appear on the Vietnam casualty roster.
8. A review of the applicant's available medical documents did not reveal any information pertaining to the treatment of any wounds or injuries sustained by the applicant during his service in Vietnam.
9. 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.
10. He provides a VA Form 21-4138 submitted in support of his VA medical claim for right ear hearing loss and bilateral tinnitus in which he states he has impaired hearing in both ears and his hearing loss is related to his service in the RVN.
11. Army Regulation 600-8-22 (Military Awards) provides that 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, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of award of the Purple Heart and correction of his DD Form 214 to show this award was carefully considered; however, there is insufficient evidence to support his request.
2. Notwithstanding the evidence he provided, neither his available records nor the Vietnam casualty roster provide any evidence he was wounded in RVN, that those wounds were the result of hostile action that required treatment, or that the resulting medical treatment was made a matter of official record.
3. In view of the foregoing, there is insufficient basis on which to grant award of the Purple Heart.
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) AR20100015543
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100020155
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100015181
The applicant provides the following documents in support of his application: * DA Form 8-275-3 (Clinical Record Cover Sheet) * DA Form 3349 (Medical Condition Physical Profile) * DA Form 137 (Installation Clearance Record) * General orders and certificate for the Army Commendation Medal * Certificate and citation for award of the Bronze Star Medal CONSIDERATION OF EVIDENCE: 1. His service record does not contain any orders which show he was awarded the Purple Heart. As a result, the...
ARMY | BCMR | CY2009 | 20090002968
A review of the applicants military personnel records revealed that there are no orders in the applicants records that show he was awarded the Purple Heart. This Army regulation, in pertinent part, states that the Purple Heart is awarded for a wound sustained as a result of hostile action. There is no evidence in the applicants military personnel records that shows he was wounded as a result of hostile action; his DA Form 20 does not list the Purple Heart in item 41; the applicant's...
ARMY | BCMR | CY2007 | 20070017501
There are no general orders in the applicants record to show he was awarded the Purple Heart. Evidence of record shows that the applicant participated in 3 campaigns during his service in the RVN. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding the already-awarded ARCOM to his DD Form 214; b. awarding the applicant the AGCM (First Award) for the qualifying period of 17 October 1966 16 October 1969 and...
ARMY | BCMR | CY2005 | 20050003895C070206
Carol A. Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. There is no evidence the applicant received the first award of the Good Conduct Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing: a. showing he was awarded the Purple Heart for wounds sustained in action in Vietnam on 28 February 1971; b. awarding him the first award of the...
ARMY | BCMR | CY2011 | 20110000283
Based on the available records, there is insufficient evidence in which to correct his DD Form 214 to show two awards of the Purple Heart. Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the Vietnam...
ARMY | BCMR | CY2007 | 20070017527
The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), issued at the time of his release from active duty (REFRAD) shows, in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the Bronze Star Medal, Air Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and the Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar. ...
ARMY | BCMR | CY2008 | 20080019189
There are no orders or other evidence in the applicants military personnel records showing he was awarded a second award of the Purple Heart. There are no orders or other evidence in the applicants military personnel records showing he was awarded the Bronze Star Medal. However, there are no orders or other evidence in the applicants military personnel records that shows he was awarded the Bronze Star Medal.
ARMY | BCMR | CY2008 | 20080019095
The applicant's military personnel records contain a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that shows he entered active duty on 15 April 1963. A thorough review of the applicants military personnel records revealed that there are no orders in the applicants records that show he was awarded the Purple Heart. There is no evidence in the applicants military personnel records that shows he was wounded or treated for wounds as a result of...
ARMY | BCMR | CY2011 | AR20080017432
The applicant requests, in effect, correction of his records to show award of the Purple Heart. The applicant's military personnel records contain a copy of his DD Form 214 that shows he entered active duty this period on 13 February 1964. There is no evidence in the applicants military personnel records that shows he was wounded or treated for wounds as a result of hostile action; his DA Form 20 does not show an entry in item 40 or list the Purple Heart in item 41; his DA Form 2-1 does...
ARMY | BCMR | CY2009 | 20090019650
The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service) that he served in the Republic of Vietnam (RVN) beginning 5 June 1967; b. item 38 (Record of Assignments) that he was assigned to: (1) Company E, 4th Battalion, 47th Infantry, 4th Infantry Division, from 10 June 1967 through 2 July 1967; (2) Company A, 4th Battalion, 47th Infantry, 4th Infantry Division, from 3 July 1967 through 4 April 1968; and (3) the Medical Holding Detachment, 249th General...