BOARD DATE: 14 July 2011
DOCKET NUMBER: AR20110000219
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 reconsideration of his earlier petition for award of the Purple Heart (PH).
2. The applicant states he was wounded and treated in the field on 12 May 1968 in the Republic of Vietnam (RVN).
3. The applicant provides:
* a self-authored letter to a Senator
* an excerpt from a letter written by the applicant's spouse
CONSIDERATION OF EVIDENCE:
1. 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 AR20100011551, on 12 October 2010.
2. The applicant provided a self-authored letter to a Senator and an excerpt from a letter written by the applicant's spouse. These items were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such warrants consideration by the Board.
3. During its initial review of the case, the Board determined there was insufficient evidence to confirm the applicant was entitled to award of the PH. It further noted there were no orders awarding him the PH in his record and his name is not on the Vietnam casualty listing.
4. The applicants DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 12 March 1968 through 11 March 1969. Item 40 (Wounds) is blank and the PH is not included in the list of awards in item 41 (Awards and Decorations). The applicant last audited his DA Form 20 on 29 April 1969.
5. The applicants record 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.
6. On 26 September 1969, the applicant was honorably released from active duty (REFRAD) at the expiration of his term of service in the rank of sergeant. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.
7. There is no indication the applicant petitioned for award of the PH while still assigned in the RVN, after his return to the continental United States, or any time prior to his REFRAD.
8. During the processing of this case, a member of the Board's staff again reviewed the Department of the Army (DA) Vietnam casualty listing. Again, there was no entry pertaining to the applicant on this listing.
9. The applicant provided a self-authored letter to a Senator and an excerpt from a letter written by the applicant's spouse to the Texas Veterans Commission which describes the applicants sleep and regularly occurring dreams.
10. 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 applicants contention that he was wounded and treated in the field on
12 May 1968 in the RVN has been re-examined. The statements provided by the applicant and spouse were carefully considered, but lacking independent corroborating evidence, it is not sufficient for award of the Purple Heart.
2. The Board begins its consideration of each case with a presumption of regularity; that is, what Army records reflect is correct and the burden of proving otherwise rests with the applicant.
3. In this case, item 40 of the applicants DA Form 20 is blank indicating he was not wounded in action. The applicant last audited this record on 29 April 1969, over 6 weeks after he departed the RVN, indicating the information on the record to include the entry in item 40 was correct at the time. In addition, his name is not included on the Vietnam casualty listing, the official DA list of RVN battle casualties. Further, there is no indication he pursued award of the PH while he remained on active duty after his departure from the RVN.
4. As required by regulatory criteria, 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. Such corroborating evidence has not been satisfied in the case.
5. In view of the foregoing, there is no basis for granting the applicant's requested relief.
6. The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant 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 to amend the decision of the ABCMR set forth in Docket Number AR20100011551, dated 12 October 2010.
_________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) AR20110000219
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110000219
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2007 | 20070017149C080407
In support of his reconsideration request, the applicant provides a self-authored letter in which he indicates, in effect, that he received a wound to his hand while engaged in combat with enemy forces in the RVN, and that he was treated for this wound by military medical personnel. The applicant's Military Personnel Records Jacket (MPRJ) is void of any orders or other documents that indicate the applicant was ever recommended for or awarded the PH by proper authority while serving on...
ARMY | BCMR | CY2008 | 20080009487
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 it required treatment by military medical personnel, and a record of this treatment must have been made a matter of official record. Further, the applicant's DD Form 214 does not include the PH in the list of authorized awards listed; his name is not included on the Vietnam Casualty Roster, the official DA list of...
ARMY | BCMR | CY2008 | 20080013829
The applicants Enlisted Qualification Record (DA Form 20) includes an entry in Item 31 (Foreign Service) that shows he served in the RVN from 12 October 1969 through 16 February 1970. The PH guidance contained in the awards regulation further states that accidents, to include accidental wounding, not related to or caused by enemy action clearly do not qualify for award of the PH. Item 40 of the applicant's DA Form 20 is blank, which indicates he was never wounded in action, and the PH is...
ARMY | BCMR | CY2004 | 20040000373C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 January 2005 DOCKET NUMBER: AR20040000373 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant states, in effect, that due to an administrative oversight, he was never awarded a PH he was entitled to based on being wounded in action on 5 August 1969, while serving in the Republic of Vietnam (RVN)....
ARMY | BCMR | CY2008 | 20080003597
During its original review of the case, the Board found insufficient evidence to show the applicant was ever wounded as a result of enemy action while serving in the RVN, or that he was ever recommended for or awarded the PH by proper authority while serving in the RVN. However, by regulation, 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. In addition, since the applicant was clearly...
ARMY | BCMR | CY2006 | 20060011011C071029
It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action. By regulation, 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. The applicant's DA Form 20 contains no entry in Item 40, which indicates the applicant was never wounded in action while serving on active duty, and the PH is not included in the list of authorized awards contained in Item 41.
ARMY | BCMR | CY2012 | 20120004325
Senator * Letters from the U.S. Army Human Resources Command * 3 DD Forms 214 * DD Form 215 (Correction to DD Form 214 Certificate of Release or Discharge from Active Duty) * DA Form 1 (Morning Report) * Medical documents * Self-authored letters CONSIDERATION OF EVIDENCE: 1. The applicants request to correct his DD Form 214 to add the PH was carefully considered and determined to lack sufficient evidence to grant relief. Although the record contains indications the applicant suffered an...
ARMY | BCMR | CY2007 | 20070017907
The applicant states, in effect, that he was wounded in action in the Republic of Vietnam (RVN) during an enemy probe of the unit he was assigned to. The applicant's Enlisted Qualification Record (DA Form 20) shows he served in the RVN from 10 May 1966 through 22 July 1967. However, by regulation, 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...
ARMY | BCMR | CY2006 | 20060000155C070205
The applicant's Military Personnel Records Jacket (MPRJ) is void of any orders, or other documents indicating that he was ever wounded in action, or that he was recommended for or awarded the PH by proper authority while he was serving on active duty. The applicant's MPRJ is void of any orders, or other documents showing that he was ever recommended for, or awarded the PH by proper authority during his tenure on active duty, and it contains no medical treatments records that indicate he was...
ARMY | BCMR | CY2008 | 20080008203
Application for correction of military records (with supporting documents provided, if any). If the applicants shoulder wound had been received as a result of enemy action, given his hospitalization was a matter of record, and his wound was recorded on his separation medical examination, it is likely his DA Form 20 would have properly documented this fact in item 40. Absent any evidence of record that confirms the applicant was wounded in action or treated for a combat-related wound or...