IN THE CASE OF:
BOARD DATE: 4 May 2011
DOCKET NUMBER: AR20100026351
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 he was wounded on 14 January 1968 when his truck, and the squad he was transporting, struck a landmine and they received incoming fire. He adds the vehicle flipped over and rolled down a hill. He recalls climbing out of the driver's side of the truck. He states it was a chaotic time and there were many Soldiers severely wounded. He offers that he and the squad were medically evacuated to the 71st Evacuation Hospital where he was treated for shrapnel wounds above his right eye and right ear. He adds he was released after treatment and returned to his unit.
3. He provides a self-authored statement.
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 was inducted into the Army of the United States on 20 October 1966. He served in Vietnam from 22 June 1967 to 20 July 1968. He was honorably released from active duty on 22 July 1968 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Purple Heart. His military service records do not contain any general orders awarding him the Purple Heart and his name is not listed on the Vietnam casualty listing.
4. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank. Additionally, there is no documentation in the available record that shows he sustained wounds or was treated for wounds incurred as a result of hostile action.
5. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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 medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence of record and the applicant did not provide any substantial evidence to show entitlement to the Purple Heart. There are no general orders available which awarded him the Purple Heart. There are no medical records available which show he was wounded or treated for wounds as a result of hostile action during his service in Vietnam. In the absence of such evidence, there is an insufficient basis for award of the Purple Heart.
2. In view of the foregoing, 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 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) AR20100026351
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100026351
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120010594
d. a letter from his mother who states the applicant has never been the same since returning from his service in Vietnam. It states the Purple Heart is awarded to members wounded in action and states that in order to award the Purple Heart, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record. Although...
ARMY | BCMR | CY2011 | 20110019762
The applicant requests award of the Purple Heart. In support of his request he provides a statement, dated 20 August 2011, from an individual who states he was a company medic who treated the applicant for a head wound during August or September 1968. _________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 | 20110000539
The criteria for the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record. The applicant's service record is void of any orders that show he was awarded the Purple Heart or that he was wounded or injured as a result of combat. Notwithstanding the applicant's...
ARMY | BCMR | CY2008 | 20080009009
The applicant provided statements from a former combat medic with the 82nd Airborne in Vietnam. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. The applicant states that he was wounded while engaged in enemy activity in Vietnam and that he was treated by a medic.
ARMY | BCMR | CY2012 | 20120005454
The applicant requests correction of his records to show award of the Purple Heart. A review of the applicant's military personnel records failed to reveal any evidence he was awarded the Purple Heart. The medical records that the applicant provides show he was wounded in action on 9 June 1969 when he sustained injuries to his neck and right elbow and a fragment wound to his left hip.
ARMY | BCMR | CY2008 | 20080014675
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant's records show that he was awarded the Vietnam Service Medal. His commander states that the only explanation for the applicant not receiving the Purple Heart was because within 10 days of the action the applicant rotated back to the United States.
ARMY | BCMR | CY2014 | 20140019067
In the original consideration of his case that occurred on 24 February 2000, the applicant submitted a medical statement indicating he had sustained an ear injury in October 1968 and in July 1999, officials from the Army's Personnel Command informed him that he was not authorized an award of the Purple Heart because his injury was considered accidental. Creditable witness statements indicate he received injuries from an enemy act (being blown off an APC due to a landmine explosion). As a...
ARMY | BCMR | CY2008 | 20080011734
The applicant states, in effect, that on 28 January 1968, he received a face injury when they were ambushed in Da Nang, Vietnam. The applicant served in Vietnam from 25 January 1968 to 24 January 1969. There is no evidence in the applicant's DA Form 20 to show that he was medically evacuated to Japan from Vietnam to receive medical treatment.
ARMY | BCMR | CY2004 | 20040010466C070208
The applicant states that he was wounded and treated for an injury while serving in the Republic of Vietnam (RVN). Therefore, it would be appropriate to correct applicant’s records to show these awards. 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 wounds received on 18 June 1967 while serving in the RVN; b. showing that based on his RVN service and campaign participation, he is...
ARMY | BCMR | CY2008 | 20080006570
Application for correction of military records (with supporting documents provided, if any). There are no orders in the applicants military service records that show he was awarded the Purple Heart. There is no evidence in the applicants military service records that shows he was awarded the Purple Heart.