BOARD DATE: 19 May 2011
DOCKET NUMBER: AR20100027080
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.
2. The applicant states he was under the command of U.S. Army Vietnam attached to the 716th Military Police Battalion. He states that on the second day of the Tet Offensive he and a couple of other men were sent into an alleyway in Cholon to recover slain military police and security guards. In doing so, he was hit by shrapnel and took cover under a tank.
3. The applicant provides no additional evidence in support of his application.
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 military records show he enlisted in the Regular Army on 23 May 1966. He completed initial entry training and was awarded the military occupational specialty of movement specialist. The highest rank/grade he attained was specialist five/E-5.
3. His DA Form 20 (Enlisted Qualification Record) shows he performed duties as a security guard and movement specialist while serving in the Republic of Vietnam during the period 18 June 1967 to 15 June 1968.
4. He was honorably released from active duty on 22 May 1969 at the expiration of his term of service and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed 3 years of total active service.
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 award of the Purple Heart.
6. Item 40 (Wounds) of his DA Form 20 is blank.
7. The applicant's name does not appear on the Vietnam casualty roster.
8. There is no evidence in the available records and the applicant did not provide any evidence that shows he was ever treated for any wounds sustained as a result of hostile action.
9. The applicant's records do not contain any evidence that indicates he was ever awarded the Purple Heart by proper authority.
10. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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. There is no evidence in his available records or any corroborating evidence provided by him which shows he sustained any wounds requiring medical treatment by medical personnel or that such medical treatment was made a matter of official record.
2. His DA Form 20 does not show he was wounded and his name is not listed on the Vietnam casualty roster.
3. In the absence of evidence that he was treated for such wounds and that the medical treatment was made a matter of official record, there is insufficient evidence upon which to base award of the Purple Heart. As a result, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case. Therefore, there is insufficient basis for granting his requested relief.
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) AR20100027080
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100027080
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080019263
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart for wounds received while in the Republic of Vietnam. The extracts of operational reports provided by the applicant do not show any evidence that the applicant was wounded by enemy action or that he received any medical treatment for wounds. The applicant contends that he was wounded in action during his service in the...
ARMY | BCMR | CY2008 | 20080009390
The available record does not contain any general orders that show the applicant was awarded the Purple Heart. His DA Form 20 does not show any entries for wounds sustained in hostile action. 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 | CY2011 | 20110011987
The applicant states he should have been awarded the Purple Heart because he sustained a shrapnel wound to his right hand. There is no evidence in the available record showing he was awarded the Purple Heart. Based on the foregoing, there is insufficient evidence to award him the Purple Heart.
ARMY | BCMR | CY2011 | 20110002880
The applicant states he was wounded twice in Vietnam and was never awarded the Purple Heart. Item 41 (Awards and Decorations) of his DA Form 20 does not show 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 for Correction of Military Records in this case.
ARMY | BCMR | CY2011 | 20110012759
The applicant states she has the Purple Heart Medal but not a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) which shows the award. c. Item 40 (Wounds) contains a statement that the FSM received fragmentation wounds-left foot (non-hostile) on 22 September 1968. d. Item 41 (Awards and Decorations) does not show award of the Purple Heart. There is no evidence in the available record showing the FSM was awarded the Purple Heart and his name does...
ARMY | BCMR | CY2013 | 20130017857
The applicant states: * he was combat wounded in Vietnam * during a firefight in the jungles of Vietnam he sustained shrapnel wounds in the left forearm and left side of his head 3. The Purple Heart requires evidence to verify: * the wound was the result of hostile action * treatment of the wound by medical personnel * documentation of the wound in official records 3. In the absence of corroborating evidence showing he was injured and treated for wounds as a result of hostile action in...
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 | CY2008 | 20080008985
The applicant served in the Republic of Vietnam (RVN) from 25 June 1967 through 19 June 1968. However, without corroborating evidence to show that this the applicant's wound was the result of hostile action and/or he received medical treatment for the wound, this entry alone does not provide a sufficient basis for award of the Purple Heart. 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...
ARMY | BCMR | CY2013 | 20130016962
The applicant contends he should be awarded the Purple Heart; however, neither his available record nor the Vietnam casualty roster provide any evidence that shows he was wounded during his period of service in the Republic of Vietnam. Regrettably, absent official documentation of his wounds and treatment there is an insufficient evidentiary basis for granting his requested relief at this time. ____________X____________ CHAIRPERSON I certify that herein is recorded the true and complete...
ARMY | BCMR | CY2008 | 20080010255
The applicant states, in effect, that he was already awarded the Purple Heart for wounds received in action in the Republic of Vietnam (RVN) on 1 December 1967. Therefore, there is sufficient evidence to show the applicant is entitled to award of the Purple Heart and to have his record 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 the Purple Heart for wounds sustained in the...