Search Decisions

Decision Text

ARMY | BCMR | CY2010 | 20100027566
Original file (20100027566.txt) Auto-classification: Denied

		
		BOARD DATE:	  17 May 2011

		DOCKET NUMBER:  AR20100027566 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states he was wounded in action and awarded the PH in the Republic of Vietnam (RVN); however, it was not included on his DD Form 214. 

3.  The applicant provides his DD Form 214.  

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 initially inducted into the Army of the United States on
20 September 1966.  After serving 6 days, he was discharged on 25 September 1966 and he enlisted in the Regular Army for a period of 3 years on
26 September 1966.  He was trained in and awarded military occupational specialty (MOS) 71F (Postal Clerk), and he was promoted to specialist five (SP5)/E-5, on 1 February 1968, which is the highest grade he held on active duty.

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 18 September 1967 to 16 September 1968.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to the 46th Army Postal Unit (APU) performing duties in MOS 71F.

4.  Item 40 (Wounds) of the applicant’s DA Form 20 is blank and the PH is not included in the list of awards contained in item 41 (Awards and Decorations).  Item 48 (Date of Audit) shows the applicant last audited the DA Form 20 on 
6 December 1968.

5.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of orders or documents confirming the applicant was wounded in action or that indicate he was ever wounded in action in the RVN.  It is also void of medical treatment records indicating he was ever treated for a combat-related wound.  

6.  On 6 September 1969, the applicant was honorably released from active duty after completing a total of 2 years, 11 months, and 17 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 1969 shows the:

* National Defense Service Medal
* Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  During the processing of this case, a staff member of the Board reviewed the DA Vietnam casualty roster.  The applicant's name was not included on the roster.

8.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-8 contains guidance on the PH.  It states the PH is awarded to members wounded in action.  It also states in order to award the PH there must be evidence of the wound for which the award is being made was received 


as a result of enemy action, the wound required treatment by medical personnel, and a record of the medical treatment was made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the PH has been carefully considered.  However, the evidence of record and independent evidence submitted by the applicant fails to support this claim.

2.  By regulation, in order to support award of the PH the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound must have required medical treatment by medical personnel, and this medical treatment must have been made a matter of official record.

3.  Item 40 of the applicant’s DA Form 20 is blank, which indicates he was never wounded in action, and the PH is not included in the list of earned awards in
item 41.  Further, there are no orders or other documents in the applicant's MPRJ that indicate he was ever awarded the PH by proper authority, or that he was ever treated for a combat-related wound by medical personnel while serving in the RVN.

4.  Absent any evidence confirming the applicant was wounded in action while serving in the RVN, it would not be appropriate or serve the interest of all those who served in the RVN and who faced similar circumstances to award the applicant the PH at this late date.

5.  The applicant and all others concerned should know this action related to award of the PH in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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)                                         AR20100027566



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100027566



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2006 | 20060000597C070205

    Original file (20060000597C070205.doc) Auto-classification: Denied

    The applicant's Military Personnel Records Jacket (MPRJ) contains no orders, or other documents that show he was ever recommended for, or awarded the PH or CIB by proper authority while serving on active duty. The evidence of record shows the applicant should have discovered the alleged error or injustice related to award of the PH and CIB now under consideration on 2 July 1970, the date of his separation from active duty. Therefore, the Board requests that the CMSD-St. Louis...

  • ARMY | BCMR | CY2007 | 20070009737C080407

    Original file (20070009737C080407.doc) Auto-classification: Denied

    The applicant states, in effect, that he should be issued the PH and that his service in the RVN should be recorded on his separation document (DD Form 214). The applicant's MPRJ contains no order or other documents that indicate he was ever recommended for or awarded the PH by proper authority while serving on active duty, or that shows he was ever treated for a combat related wound or injury by military medical personnel during his active duty tenure. His record is also void of any...

  • ARMY | BCMR | CY2007 | 20070010876C080407

    Original file (20070010876C080407.doc) Auto-classification: Approved

    Michael J. Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant's Military Personnel Records Jacket (MPRJ) is void of any orders or other documents that indicate the applicant was ever wounded in action or awarded the PH by proper authority while serving in the RVN. The PH is not included in the list of awards contained in Item 41, and the applicant last audited the DA Form 20 on 28 March 1968, nearly a...

  • ARMY | BCMR | CY2006 | 20060004279C070205

    Original file (20060004279C070205.doc) Auto-classification: Denied

    It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action. Records show the applicant should have discovered the alleged error or injustice now under consideration related to award of the PH and to his GED testing on 19 September 1969, the date of his separation from active duty. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show his entitlement to the Republic of...

  • ARMY | BCMR | CY2007 | 20070018220C080407

    Original file (20070018220C080407.doc) Auto-classification: Denied

    The applicant's Enlisted Qualification Record (DA Form 20) shows he served in the Republic of Vietnam (RVN) from 22 May 1967 through 20 May 1968. It states, in pertinent part, that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action; that the wound required treatment by military medical personnel; and a record of this medical treatment must have been made a matter of official record. ...

  • ARMY | BCMR | CY2007 | 20070010000C080407

    Original file (20070010000C080407.doc) Auto-classification: Denied

    It states, in pertinent part, that in order to award a PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by military medical personnel, and a record of this treatment must have been made a matter of official record. By regulation, in order to support award of the PH there must be evidence confirming that the wound for which the award is being made was received as a result of enemy action;...

  • ARMY | BCMR | CY2006 | 20060001201C070205

    Original file (20060001201C070205.doc) Auto-classification: Denied

    The applicant states, in effect, he was never awarded the PH for being wounded in action on 10 February 1968, in the Republic of Vietnam (RVN). The applicant provides a third-party statement from an individual who indicates he was the applicant's unit commander in the RVN. However, given there are no medical treatments records confirming he was treated for the burns in question, or that verify the burns were received as a result of enemy action, or that he was awarded the PH by proper...

  • ARMY | BCMR | CY2004 | 20040008145C070208

    Original file (20040008145C070208.doc) Auto-classification: Denied

    Item 41 (Awards and Decorations) does not include the PH is the list of earned awards. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating while serving in the RVN. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show the FSM’s entitlement to the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation...

  • ARMY | BCMR | CY2007 | 20070017560C080407

    Original file (20070017560C080407.doc) Auto-classification: Denied

    Item 40 (Wounds) is blank, and the PH is not included in the list of awards contained in Item 41 (Awards and Decorations). Absent any evidence of record to corroborate that the applicant's claim that he was wounded in action in the RVN, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise...

  • ARMY | BCMR | CY2007 | 20070012229C080407

    Original file (20070012229C080407.doc) Auto-classification: Denied

    Ronald D. Gant | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant's MPRJ is void of any orders or other documents that indicate he was ever recommended for or awarded the PH by proper authority while serving on active duty, or that show he was treated for a combat related wound or injury by military medical personnel while serving in the RVN. Therefore, the Board requests that the CMSD-St. Louis...