Search Decisions

Decision Text

ARMY | BCMR | CY2010 | 20100029841
Original file (20100029841.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  12 July 2011

		DOCKET NUMBER:  AR20100029841 


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 received shrapnel wounds to his left shoulder and scapula area while participating in a fierce firefight near a train bridge in Chu Lai during the Tet Offensive in January 1968.  He was treated by a medic at an area aid station and returned to duty the next day.  He never received the Purple Heart for this wound.

3.  The applicant did not provide any additional 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 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 23 September 1966 and held military occupational specialty 11C (Indirect Fire Crewmember).  He served in Vietnam from 4 October 1967 to 10 September 1968.  He was assigned to Company C, 1st Battalion, 6th Infantry, 198th Infantry Brigade.

3.  He was honorably released from active duty on 14 September 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  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) shows the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Combat Infantryman Badge
* Vietnam Campaign Medal
* Vietnam Service Medal
* one overseas service bar

4.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not reflect a combat wound or injury and item 41 (Awards and Decorations) of this form does not show award of the Purple Heart.

5.  His records do not contain general orders authorizing him award of the Purple Heart and his name is not shown on the Vietnam casualty roster.

6.  His service medical records are not available for review with this case.

7.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to him.

8.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against and enemy or 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.  The criteria for the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.

2.  The applicant's service record is void of any orders that show he was awarded the Purple Heart or that he was wounded or injured as a result of combat.  His name is not listed on the Vietnam casualty roster and his DA Form 20 does not indicate he received a combat-related wound.  Additionally, his medical records are not available for review with this case.

3.  Notwithstanding the applicant's contention and sincerity, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, there is insufficient evidence upon 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 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)                                         AR20100029841



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100029841



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2011 | 20110006123

    Original file (20110006123.txt) Auto-classification: Denied

    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 and the Combat Infantryman Badge. There is no medical evidence in the applicant's available record that shows he was wounded as a result of hostile action during his active service. In the absence of official orders or other documentary evidence such as operation reports, after action reports, valor awards, witness statements, or any...

  • ARMY | BCMR | CY2011 | 20110023324

    Original file (20110023324.txt) Auto-classification: Denied

    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 it. Nothing in five typical documents show he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart: * Item 40 (Wounds) of his DA Form 20 does not show a combat wound or injury * His records do not contain general orders authorizing him award of the Purple Heart * His name is not shown on the...

  • ARMY | BCMR | CY2009 | 20090004255

    Original file (20090004255.txt) Auto-classification: Denied

    The applicant requests correction of his military records by awarding him the Purple Heart and showing it on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). A SF Form 93 (second page only), dated 1 August 1976 and provided by the applicant, shows that the applicant had reported receiving shrapnel wounds while serving in the Republic of Vietnam. The evidence provided by the applicant reports that he had received shrapnel wounds during an enemy rocket and...

  • ARMY | BCMR | CY2011 | 20110004474

    Original file (20110004474.txt) Auto-classification: Denied

    The applicant provides: * DD Form 214 * DD Form 215 (Correction to DD Form 214) * General Orders (GO) Number 1933, (Purple Heart) * GO Number 2685 (Purple Heart) * GO Number 2849 (Purple Heart) * GO Number 387, amendment to GO Number 2849 (Purple Heart with 1st OLC) CONSIDERATION OF EVIDENCE: 1. He provides four GO as follows: * GO Number 1933, issued by Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, dated 26 November 1969, awarded him the Purple Heart for wounds...

  • ARMY | BCMR | CY2011 | 20110002218

    Original file (20110002218.txt) Auto-classification: Denied

    The applicant's records show he was inducted into the Army of the United States on 6 July 1967. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show a combat wound and item 41 (Awards and Decorations) of this form does not show award of the Purple Heart. Notwithstanding his sincerity, in the absence of official documentary evidence such as operation orders, morning reports, after action reports, official orders to corroborate the events that led to his alleged...

  • ARMY | BCMR | CY2010 | 20100028762

    Original file (20100028762.txt) Auto-classification: Approved

    Therefore, based on the evidence provided, he is entitled to the second award of the Purple Heart. The evidence shows he participated in four campaigns during his service in Vietnam. 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 sustained on 23 October 1967; b. deleting from item 24 of his DD Form 214 the VSM; and c. adding to item 24 of his DD Form 214 the Purple Heart (2nd...

  • ARMY | BCMR | CY2009 | 20090019192

    Original file (20090019192.txt) Auto-classification: Approved

    The evidence of record shows he was awarded the Vietnam Service Medal. It appears it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of service and correction of his DD Form 214 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 him the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity...

  • ARMY | BCMR | CY2009 | 20090003801

    Original file (20090003801.txt) Auto-classification: Approved

    Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded or is authorized the Purple Heart, the Army Commendation Medal, the National Defense Medal, the Vietnam Service Medal, and the Combat Infantryman Badge. There are no orders in the applicant's military service records awarding him a second Purple Heart or a second Bronze Star Medal. There are no orders in the applicant's military...

  • ARMY | BCMR | CY2011 | AR20080016915

    Original file (AR20080016915.txt) Auto-classification: Denied

    The applicant provides no additional documentary evidence. A thorough review of the applicant’s military personnel records revealed that there are no orders in the applicant’s records that show he was awarded the Purple Heart. There is no evidence in the applicant’s military personnel records that shows he was wounded or treated for wounds as a result of hostile action; his DA Form 20 does not show an entry in item 40 or list the Purple Heart in item 41; the applicant's name is not listed...

  • ARMY | BCMR | CY2010 | 20100010269

    Original file (20100010269.txt) Auto-classification: Approved

    The citation reads "For wounds received in action in the Republic of Vietnam on 11 February 1968." 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 24 of his DD Form: * Purple Heart * Valorous Unit Award * Republic of Vietnam Gallantry Cross...