IN THE CASE OF:
BOARD DATE: 4 May 2011
DOCKET NUMBER: AR20100026375
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. The applicant states:
* He was a Purple Heart recipient
* He was in the 101st Airborne Division and his records were lost
* He deserved the medal and his wife is disabled due to a stroke at age 50
3. The applicant provides no documentary evidence.
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. He was inducted into the Army of the United States on 14 May 1968. He served as a light weapons infantryman in Vietnam from 13 October 1968 to
13 October 1969. On 13 May 1970, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
3. 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 the Purple Heart as an authorized award.
4. There are no orders for the Purple Heart in his service personnel records.
5. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show the Purple Heart and item 40 (Wounds) of his DA Form 20 is blank. His name does not appear on the Vietnam casualty roster.
6. 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 United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
7. 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:
There is no evidence of record which shows the applicant was wounded or injured as a result of hostile action in Vietnam. There are no orders for the Purple Heart in the available records. Regrettably, there is insufficient evidence in which to base 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) AR20100026375
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100026375
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110002827
His records show he was awarded the Vietnam Service Medal. The evidence shows he participated in six campaigns during his service in the Republic of Vietnam. 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; and b. adding the following awards to his DD Form 214, Item 24: * the Purple Heart * the Republic of Vietnam Gallantry Cross with Palm Unit Citation * one silver service star and one...
ARMY | BCMR | CY2011 | 20110019939
The Purple Heart requires: * that the wound was the result of hostile action * treatment of the wound by military medical personnel * documentation of the wound in official records * official orders awarding the decoration 3. There is no evidence of record and he provided no evidence that shows he was wounded or injured as a result of hostile action in Vietnam. ____________x_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the...
ARMY | BCMR | CY2010 | 20100008497
Application for correction of military records (with supporting documents provided, if any). His DA Form 20 (Enlisted Qualification Record), Item 40 (Wounds) shows Shrapnel Wound Left Arm on 8 May 1968. Item 41 (Awards and Decorations) does not show award of a second Purple Heart. There are no orders in his military personnel records awarding him a second Purple Heart.
ARMY | BCMR | CY2014 | 20140014454
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 orders or other evidence that shows he was awarded the Purple Heart. The applicant's military service records do not show any evidence that he was wounded or injured in action as a result of a hostile act of the enemy.
ARMY | BCMR | CY2013 | 20130006815
The applicant states his DD Form 214 does not reflect that he was awarded a Purple Heart, but does show he was wounded in Vietnam on 25 March 1969 (i.e., 1968). However, the available evidence shows he was wounded on 25 March 1968 as a result of hostile action in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following awards to his DD Form 214: * Purple Heart * Republic of Vietnam Gallantry Cross...
ARMY | BCMR | CY2010 | 20100026136
He states that his DD Form 214 does not show award of the Purple Heart. There is no evidence in his record showing he was wounded during his period of service in Vietnam. He provided insufficient evidence and there is no evidence of record to show he was wounded or injured as a result of hostile action during his period of service in Vietnam and he was awarded the Purple Heart.
ARMY | BCMR | CY2013 | 20130001954
Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show a combat wound or injury. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and enemy or as a result of hostile action. Therefore, in the absence of documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, there is an insufficient evidentiary basis for awarding him...
ARMY | BCMR | CY2007 | 20070017687
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 June 2007 DOCKET NUMBER: AR20060017687 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of his records to show award of the Purple Heart. There also is no evidence in his service personnel records that shows that he was wounded or treated for wounds as a result of hostile...
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...
ARMY | BCMR | CY2010 | 20100019424
Item 26 of his DD Form 214 for the period ending 7 November 1975 also does not show the Bronze Star Medal and shows one award of the Purple Heart. Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show entitlement to the Bronze Star Medal or a second award of the Purple Heart. However, there is no evidence in the applicant's service personnel record or evidence submitted by the applicant that shows he was wounded or injured as a result of hostile action on 12 July 1968.