IN THE CASE OF:
BOARD DATE: 4 May 2011
DOCKET NUMBER: AR20100026863
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 never received the Purple Heart for an enemy gunshot wound
* He suffered a combat injury and now would like to receive the decoration
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 enlisted in the Regular Army on 1 October 1969 for a period of
3 years. On 16 June 1970, he was honorably discharged for immediate reenlistment. He reenlisted on 17 June 1970 for a period of 3 years. He served as a motor transport operator in Vietnam from 9 January 1971 to 9 May 1971. On 15 June 1973, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Standby) 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 for the period ending 15 June 1973 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. On 8 June 1973, he underwent a separation physical examination which makes no mention of any injuries or wounds sustained as a result of hostile action.
7. 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.
8. 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. He contends he suffered a combat injury in Vietnam.
2. There is no evidence of record which shows the applicant was wounded or injured as a result of hostile action in Vietnam. His separation physical examination, dated 8 June 1973, makes no mention of any injuries or wounds sustained as a result of hostile action. 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) AR20100026863
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100026863
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130015555
There is no evidence in the available records which shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action. There is no evidence in the available records and he provides no evidence that shows he was wounded as a result of hostile action in Vietnam.
ARMY | BCMR | CY2010 | 20100024316
No evidence of record shows he was wounded or injured as a result of hostile action in Vietnam. In the absence of orders or other evidence of record showing he was injured or treated for wounds as a result of hostile action in Vietnam, the award certificate provided by the applicant is not sufficient as a basis for amending his DD Form 214 to show award of the Purple Heart. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings...
ARMY | BCMR | CY2011 | 20110017607
Army Regulation 600-8-22 (Military Awards) states that the Purple Heart is awarded for a wound sustained as a result of hostile action. The Purple Heart requires: * a 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 4. Regrettably, there is insufficient evidence to support award of the Purple Heart in this case.
ARMY | BCMR | CY2010 | 20100013250
This decision states, in pertinent part, "Service medical records show he suffered a minor fragment wound in the back of the neck in January 1970 when he was struck by fragments of an AK-47 bullet which had hit his aircraft. There is no evidence of record which shows the applicant was wounded or injured as a result of hostile action in Vietnam. In the absence of orders or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action in...
ARMY | BCMR | CY2010 | 20100007228
There are no orders for the Purple Heart in the applicant's service personnel records. In the absence of orders or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action in Vietnam, the eyewitness statements provided by the applicant are not sufficient as a basis for award of the Purple Heart. ____________x_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board...
ARMY | BCMR | CY2008 | 20080010127
The applicant served in the Republic of Vietnam (RVN) from 26 June 1970 through 12 April 1971. There is no evidence in his service personnel records which shows he was wounded or injured as a result of hostile action or treated for such wounds. In the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.
ARMY | BCMR | CY2012 | 20120007166
There is no evidence in the available records which shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. There is no evidence in the available record that shows he was wounded as a result of hostile action in Vietnam. In the absence of corroborating evidence showing he was injured and treated for wounds as a result of hostile action in Vietnam, the eyewitness statement and military photograph provided by the applicant are not sufficient...
ARMY | BCMR | CY2010 | 20100027863
His DD Form 214 shows he served in Vietnam from 20 April 1970 to 16 June 1971. 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. In the absence of orders or other evidence of record showing he was injured or treated for wounds as a result of hostile action in Vietnam, the statement provided by the applicant alone is not sufficient as a basis for award of the Purple Heart.
ARMY | BCMR | CY2014 | 20140005645
The military medical records he provided are dated from 25 July 1974 to 28 April 1977. The military medical records he provided did not show any evidence he was wounded as a result of hostile or enemy action. Therefore, in the absence of evidence showing he was wounded as a result of hostile action, that the wound required treatment by medical personnel, and that the treatment was made a matter of official record, there is an insufficient evidentiary basis for awarding the Purple Heart.
ARMY | BCMR | CY2009 | 20090004024
The Vietnam Casualty List was reviewed to determine if the applicant had been wounded in action while he served 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. Regrettably, based on the evidence in this case there is insufficient evidence on which to base award of the Purple Heart to the applicant or to have the Purple Heart added to his DD Form 214.