IN THE CASE OF:
BOARD DATE: 17 March 2011
DOCKET NUMBER: AR20100022255
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, in effect, award of the Purple Heart (PH).
2. The applicant states he was awarded the Republic of Vietnam (RVN) Gallantry Cross with Silver Star for maintaining his position while wounded on 5 February 1967, but the Army neglected to give him the PH.
3. The applicant provides Armed Forces of the RVN orders awarding him the RVN Gallantry Cross with Silver Star and a certificate for the award.
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 on 29 September 1965. He was trained in and awarded military occupational specialty 13A (Field Artillery Basic). He was honorably released from active duty on 4 July 1967.
3. The record shows he served in the RVN with Battery A, 3d Battalion, 82d Artillery, 196th Infantry Brigade, from 15 July 1966 to 18 June 1967.
4. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank. Item 41 (Awards and Decorations) of this form does not show he was awarded the PH.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show he was awarded the PH.
6. A Standard Form 88 (Report of Medical Examination) and a Standard Form 89 (Report of Medical History) completed at the time of his release from active duty do not show he was wounded as a result of enemy action.
7. His name is not shown on the Vietnam casualty roster.
8. His records do not include general orders showing he was awarded the PH.
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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding the PH to him.
10. The Armed Forces of the RVN orders he provides contain the following citation:
Courageous artillery man, 3d Bn, 82d Arty. During operation GADSDEN in Vietnam on 5 February 1967, though wounded, Private [applicant] still clung to position to fight to the last minute, contributed greatly to the successes of his unit.
11. 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. 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. The evidence of record does not support the applicant's request for award of the PH.
2. Although a citation in Armed Forces of the RVN orders indicates he was wounded, his records do not substantiate the information in the citation. He was assigned to a U.S. Army artillery battery at the time, indicating there would have been an opportunity for U.S. Army medical personnel to treat any wound he received and document the wound and treatment in his record. Unfortunately, the record does not show the cause, type, or severity of his wound, making it impossible to determine if it met the criteria for the PH.
3. In the absence of documentation verifying he was wounded as the result of hostile action, that the wound required treatment by medical personnel, and that the medical treatment was made a matter of official record, there is no basis for award of the PH.
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) AR20100022255
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100022255
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120007779
A Standard Form 88 (Report of Medical Examination) and a Standard Form 89 (Report of Medical History) completed at the time of his release from active duty do not show he was wounded as a result of enemy action. Army Regulation 600-8-22 (Military Awards) states the PH is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Although the RVN Gallantry Cross orders indicate he was wounded, his service record is void of evidence that he was wounded...
ARMY | BCMR | CY2010 | 20100026731
The available evidence confirms the applicant was awarded the BSM with "V" Device by the appropriate award authority and this award was announced in official orders. As a result, the regulatory criteria necessary for the award of the PH has been satisfied in this case and the applicant's record should be corrected to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for...
ARMY | BCMR | CY2009 | 20090015004
Application for correction of military records (with supporting documents provided, if any). Item 40 (Wounds) of the applicant's DA Form 20 is blank and the PH is not included in the list of awards entered in item 41 (Awards and Decorations). However, by regulation, in order to support award of the PH, there must be evidence that the member was wounded/injured as a result of enemy action, the wound must have required treatment by medical personnel, and a record of the medical treatment...
ARMY | BCMR | CY2010 | 20100029601
The applicant requests the Bronze Star Medal (BSM) with 1st Oak Leaf Cluster and Purple Heart (PH) be added to his record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The applicant's DA Form 20 (Enlisted Qualification Record) shows he completed two tours of duty in the RVN. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the VSM from item 24 of his DD Form 214; and b....
ARMY | BCMR | CY2013 | 20130005649
The evidence of record shows he was wounded on 10 May 1967 as a result of hostile action. The evidence of record confirms the applicant served in the RVN and therefore his DD Form 214 should be corrected to show the RVN Gallantry Cross with Palm Unit Citation. Adding the following awards to his DD Form 214: * PH * AGCM * Two bronze service stars to be affixed to his VSM * PUC * RVN Gallantry Cross with Palm Unit Citation _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded...
ARMY | BCMR | CY2010 | 20100008907
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 Valorous Unit Award (VUA) and a second Purple Heart (PH) for his actions on 6 May 1969. There is no record of these wounds. However, there is no available evidence showing the applicant was wounded as a result of hostile action on 6 May 1969, or that he received medical treatment for any such wounds.
ARMY | BCMR | CY2004 | 20040005196C070208
Further, no service medical records were included with the records provided the Board. The PH is not included in the list of authorized awards. Further, the ABCMR is not an investigative body and considers cases based on the evidence and records that are provided.
ARMY | BCMR | CY2002 | 2002072300C070403
The applicant’s military records show that he was inducted into the Army of the United States on 6 October 1965 for 2 years. The evidence of record shows that the applicant was wounded in action on 18 December 1966, while on a fire support mission in the RVN, and was treated for this injury at a military medical facility. That all of the Department of the Army records related to this case be corrected to show that the individual concerned was awarded the Purple Heart as a result of being...
ARMY | BCMR | CY2011 | 20110023709
Therefore, he is entitled to four bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to show the four bronze service stars. 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 the Combat Infantryman Badge; and b. adding to his DD Form 214 the: *...
ARMY | BCMR | CY2011 | 20120000786
He states he was awarded the PH for wounds he received in combat in Vietnam. He provides a PH Certificate, dated 20 May 1969, showing he was awarded the PH for wounds received in action in Vietnam on 28 February 1969. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the VSM from his DD Form 214 and b. adding the following awards to his DD Form 214: * PH * VSM with one silver service star * Expert Marksmanship...