IN THE CASE OF:
BOARD DATE: 19 May 2011
DOCKET NUMBER: AR20100027520
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 and correction of his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.
2. The applicant states that on 12 November and 28 December 1970, he had shrapnel removed and a cyst drained from his right elbow, the result of wounds received while serving as an infantry squad leader in Republic of Vietnam (RVN). He states he never received the Purple Heart for his wounds. He further states:
* at the time he received his wounds, he had just loaded 3 bodies into a helicopter for casualty extraction
* he had his wounds tended to, although they were not as severe as others
* he never asked and was never told about the Purple Heart
* he received several awards, but he never received the Purple Heart, despite deserving it
3. The applicant provides his DD Form 214 and a Standard Form (SF) 600 (Chronological Record of Medical Care), with an entry dated 28 December 1970.
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 6 August 1969 for a period of 2 years. He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. His record shows he served in the RVN from 12 August 1970 to 19 June 1971. During his service in the RVN he was assigned to Company B,
4th Battalion, 21st Infantry Regiment, 23rd Infantry Division.
4. On 22 June 1971, he was honorably released from active duty and was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. His DD Form 214 shows he completed 1 year, 10 months, and 17 days of total active service, including
10 months and 10 days of foreign service in the RVN.
5. 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.
6. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.
7. His record does not contain any orders for the Purple Heart, nor does his name appear on the Vietnam casualty roster.
8. He provides an SF 600, which shows he was treated on 12 November and
28 December 1970, for fragmentary wounds to his right elbow. This document shows he had shrapnel removed on two separate dates, and developed a golf ball-sized cyst from his injury. Further, this document shows he received medical treatment for his wounds and that treatment was made part of his official record. This document does not identify the source of the wounds.
9. 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. 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. The applicant's request for award of the Purple Heart and correction of his
DD Form 214 to show this award was carefully considered; however, there is insufficient evidence to support his request.
2. Neither his available records nor the Vietnam casualty listing provide any evidence that he was wounded in Vietnam, that those wounds were the result of hostile action that required treatment, or that the resulting medical treatment was made a matter of official record.
3. He submitted evidence that shows he was wounded, he received medical treatment for his wounds on 12 November and 28 December 1970, and the medical treatment was made part of his official record. However, his submitted evidence and the evidence of record do not clearly substantiate that his wounds were the result of enemy action.
4. In view of the foregoing, there is an insufficient basis in which to grant award of the Purple Heart.
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) AR20100015543
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100027520
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140012445
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 military medical records the applicant provides show he received a shrapnel wound in the buttocks on 10 December 1967 and that he received medical treatment for the wound. 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...
ARMY | BCMR | CY2012 | 20120004897
The applicant states he was never issued the PH for shrapnel wounds he received in the Republic of Vietnam (RVN). Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100029889, on 23 June 2011. Item 40 (Wounds) of the DA Form 20 is blank and the PH is not included in the list of awards contained in item 41 (Awards and Decorations).
ARMY | BCMR | CY2013 | 20130015660
His DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service), service in the RVN from 12 July 1968 through 23 February 1970; b. item 33 (Appointments and Reductions), he was promoted to sergeant (SGT)/pay grade E-5 on 11 March 1969; c. item 38 (Record of Assignments): * Special Operations Augmentation [SOA] (Command and Control Center [CCC]), 5th Special Forces Group (Airborne) [SFG(A)], 1st Special Forces [SF] (18 July 1968 through 3 June 1969) * Medical Hold...
ARMY | BCMR | CY2014 | 20140012703
Application for correction of military records (with supporting documents provided, if any). He received first aid from another Soldier and later the medic bandaged his injury. 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.
ARMY | BCMR | CY2007 | 20070014117
The applicant provides several documents from his military personnel file in support of his request. The applicant's DD Forms 214 (dated 31 March 1968 and 1 February 1971) failed to show the Purple Heart as an authorized award. There are no orders officially awarding the applicant the Purple Heart, he is not listed on the Vietnam Casualty List, and there are no medical records available to show that he was treated for a wound as a result of hostile action.
ARMY | BCMR | CY2009 | 20090011002
There is no evidence in the available records which show that the applicant was awarded the Purple Heart or that he was wounded as a result of hostile action in the RVN. In the absence of orders or other corroborating evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action in the Republic of Vietnam, the 30 August 1968 service medical record provided by the applicant is not sufficient as a basis for award of the Purple Heart. ...
ARMY | BCMR | CY2007 | 20070013616
The applicant's records show he was awarded the Vietnam Service Medal. There is evidence in the applicant's service medical records that he received shrapnel wounds to his right elbow and right ear on 1 September 1970, but his medical records do not conclusively show his wounds were the result of hostile action. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding the already-awarded Purple Heart for wounds...
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.
ARMY | BCMR | CY2013 | 20130013613
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 contends that his records should be corrected to show award of the Purple Heart because he was injured by shrapnel while serving in the Republic of Vietnam.
ARMY | BCMR | CY2011 | 20110011130
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of a second Purple Heart. The applicant's military records are not available to the Board for review. 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 in action on 6 July 1970; b. deleting the Purple Heart and Vietnam Service Medal from...