IN THE CASE OF:
BOARD DATE: 10 May 2011
DOCKET NUMBER: AR20100027140
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 to be awarded the Purple Heart.
2. The applicant states he should have been awarded the Purple Heart for wounds received due to an enemy mortar attack.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a copy of his Department of Veterans Affairs Form 21-526 (Veteran's Application for Compensation or Pension).
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 3 April 1968. He completed basic training at Fort Campbell, Kentucky, and advanced individual training at Fort McClellan, Alabama, before being transferred to Vietnam on 10 September 1968.
3. He was promoted to pay grade E-5 on 8 September 1969. He departed Vietnam on 19 November 1969 for transfer to Fort Lewis, Washington, where he was honorably released from active duty as an overseas returnee on 20 November 1969. He completed 1 year, 7 months, and 18 days of total active service and his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal.
4. A review of his records failed to show any evidence he was wounded in Vietnam as a result of enemy action or that he was treated for such wounds. Additionally, his name is not contained in the Vietnam casualty listing.
5. 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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders awarding him the Purple Heart.
6. Army Regulation 600-8-22 (Military Awards) provides that the PH 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 a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicant's claim that he was wounded in Vietnam is not in doubt, he failed to show through the evidence of record and the evidence submitted with his application that he was wounded as a result of enemy action and that the treatment for his wounds was made a matter of record.
2. In the absence of such evidence, there appears to be no basis to award him the Purple Heart at this time.
3. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
____________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) AR20100027140
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100027140
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140021546
On 17 November 1969, he was transferred to Fort Knox, Kentucky where he remained until he was honorably released from active duty (REFRAD) on 20 January 1971 due to the expiration of his term of service. There is also no evidence of his being awarded the Purple Heart. Therefore, in the absence of evidence to show that he was wounded as a result of enemy action and that treatment was made a matter of record, there appears to be no basis for granting his request for a Purple Heart at this time.
ARMY | BCMR | CY2009 | 20090006231
He departed Vietnam on 8 January 1970 and was transferred to Fort Carson, Colorado, where he remained until he was honorably released from active duty (REFRAD) on 26 February 1971 due to the deactivation of his unit. While the sincerity of the applicant's claim to entitlement to award of the Purple Heart and the BSM for the action on 27 May 1969 (presumably a BSM for valor) is not in question, there is no evidence in the applicant's military records, and the applicant failed to provide any...
ARMY | BCMR | CY2013 | 20130002483
The applicant states he was awarded the Purple Heart after he departed Vietnam and it was never added to his DD Form 214. On 5 May 1989, the U.S. Army Reserve Personnel Center (ARPERCEN) issued a DA Form 1577 authorizing the issuance of medal sets to the applicant for the Purple Heart and the awards listed on his DD Form 214. Therefore, absent evidence to show he is entitled to award of the Purple Heart, there appears to be no basis to grant his request to enter the Purple Heart on his DD...
ARMY | BCMR | CY2011 | 20110012263
He goes on to state that treatment records show that he was treated for his injuries. While the sincerity of the applicants claim that he was wounded/injured in Vietnam is not in doubt, he has failed to show through the evidence submitted with his application and the evidence of record that he was wounded as a result of enemy action. Therefore, in the absence of substantiating evidence to show that his injury was the result of enemy action, there appears to be no basis to award him the...
ARMY | BCMR | CY2010 | 20100013924
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his award of the Purple Heart. A review of the applicant's official records failed to show any evidence indicating he had been wounded as a result of enemy action, that treatment of such wounds was made a matter of record, or that he was awarded the Purple Heart. In order to justify correction of a military record, the applicant must show to the...
ARMY | BCMR | CY2009 | 20090011279
The applicant requests correction of his military records to show that he was awarded the Purple Heart for wounds received in the Republic of Vietnam. The applicant states that he should be awarded the Purple Heart for wounds received in action on 21 June 1969. _______ _ __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 | CY2010 | 20100027753
The applicant states, in effect, that he was wounded in Vietnam on 16 July 1969 and was not awarded the Purple Heart. While the sincerity of the applicant's claim that he was wounded in Vietnam is not in doubt, he has failed to show through the evidence of record and the evidence submitted with his application that he was wounded as a result of enemy action and that the treatment for his wounds was made a matter of official record. Therefore, the Board determined that the overall merits of...
ARMY | BCMR | CY2008 | 20080013726
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. Therefore, in the absence of evidence to show that he was wounded /injured as a result of enemy action, that he was treated for such injuries and the treatment of those injuries was made a matter of record, there appears to be no basis to award him the Purple...
ARMY | BCMR | CY2015 | 20150001008
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. While the sincerity of the applicants claim that he was wounded in Vietnam is not in doubt, there is insufficient evidence to warrant award of the Purple Heart at this time. _____________x____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2010 | 20100021770
The applicant provides: a. The evidence in this case simply does not show that his wound was the result of enemy action or friendly fire and absent such evidence there is insufficient evidence in which to award him the Purple Heart at this time. Additionally, absent evidence to show that the applicant engaged the enemy in Vietnam while assigned to an infantry unit there is insufficient evidence to award him the CIB at this time as well.