BOARD DATE: 7 June 2011
DOCKET NUMBER: AR20110001248
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 was wounded in action in Vietnam and would like to receive full Department of Veterans Affairs benefits.
3. The applicant provides no 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 record shows the applicant was inducted into the Army of the United States on 5 January 1966. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 16 June 1966 through 12 June 1967. Item 38 (Record of Assignments) shows he served with Company C, 1st Battalion, 18th Infantry, 1st Infantry Division, performing duties in MOS 11B as a rifleman during his tour of duty in the Republic of Vietnam. Item 41 (Awards and Decorations) does not show he was awarded the Purple Heart.
4. The applicant's official military personnel file is void of any orders or documents that indicate he was awarded the Purple Heart by proper authority while serving on active duty. It also contains no medical records showing he was ever wounded in action or treated for a wound received as a result of enemy action.
5. On 4 January 1968, the applicant was honorably released from active duty in the temporary rank of specialist four/E-4 after completing 2 years of active military service. The DD Form 214 he received does not include the Purple Heart in the list of awards contained in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).
6. During the processing of this case, a member of the Board staff reviewed the Department of the Army Vietnam casualty roster. The applicant's name is not included on the roster.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. Paragraph 2-8 contains guidance on the Purple Heart and states the Purple Heart is awarded to members wounded in action. It also states that in order to award the Purple Heart there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention he should be awarded the Purple Heart has been carefully considered. However, the evidence of record fails to support his claim.
2. 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 military medical personnel, and this medical treatment must have been made a matter of official record.
3. The Purple Heart is not included in the list of earned awards in item 41 of his DA Form 20. The record contains no medical treatment records or other documents that confirm the applicant was ever wounded as a result of enemy action or treated for a combat-related wound or injury while serving in the Republic of Vietnam. The regulatory burden of proof necessary to support award of the Purple Heart has not been met. Therefore, it would not be appropriate to award the applicant the Purple Heart.
4. The applicant and all others concerned should know this action related to award of the Purple Heart 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 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) AR20110001248
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110001248
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110013880
It states the Purple Heart is awarded to members wounded in action and states that in order to award the Purple Heart, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record. Notwithstanding the unit medic's statement, in order to support award of the Purple Heart, the member must have been wounded in...
ARMY | BCMR | CY2010 | 20100026097
His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 6 June 1966 to 4 June 1967, and from 14 February through 15 May 1968. This document does not show that the applicant was wounded in action. Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board believed that there was sufficient evidence to show the applicant was wounded as a result of hostile fire action.
ARMY | BCMR | CY2009 | 20090021469
The applicant states that he was injured in the Republic of Vietnam (RVN) on 22 February 1970 and the paperwork was done; however, he never received the Purple Heart. The applicant submitted a copy of the Daily Staff Journal or Duty Officer's Log, dated 22 February 1970, which shows he received a scratch under the eye while serving in the RVN. Based on the evidence of record, the applicant has not established a basis for award of the Purple Heart or to have it added to his DD Form 214.
ARMY | BCMR | CY2015 | 20150003098
It states the Purple Heart is awarded to members wounded in action and states that in order to award the Purple Heart, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record. In order to support award of the Purple Heart, the member must have been wounded in action and there must be evidence the wound for...
ARMY | BCMR | CY2008 | 20080011425
The applicant requests, in effect, award of the Purple Heart (PH). The Purple Heart is not included in the list of awards. The Purple Heart is also not included in the list of awards contained in Item 41.
ARMY | BCMR | CY2011 | 20110015989
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) provides the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. 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 injury, or additional documentation that conclusively...
ARMY | BCMR | CY2012 | 20120008173
The applicant states: * he found medical records showing he received two wounds while in the Republic of Vietnam * he wants the award for himself, his family, and grandchildren 3. Although the applicant provides medical records showing he received a fragment wound and notwithstanding his sincerity, his service record is void of any evidence that shows he was wounded or injured as a result of enemy action. _______ _ X ______ ___ CHAIRPERSON I certify that herein is recorded the true and...
ARMY | BCMR | CY2015 | 20150002834
His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service) he was credited with service in the RVN from 5 January to 18 September 1966 * item 40 (Wounds) no entry indicating he was wounded as a result of hostile action * item 41 (Awards and Decorations) no entry for the Purple Heart 4. Notwithstanding his contention and sincerity, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of enemy action, treated...
ARMY | BCMR | CY2014 | 20140006966
The applicant requests correction of his records to show award of the Purple Heart. A review of the applicant's military personnel record failed to reveal any orders or other evidence that shows he was awarded the Purple Heart. d. There are no orders or any other evidence that shows he was awarded the Purple Heart.
ARMY | BCMR | CY2009 | 20090005925
The applicant requests correction of his military records to show award of the Purple Heart. There also is no evidence in his service personnel records that show he was treated for wounds as a result of hostile action in Republic of Vietnam. There is no evidence in the available records and the applicant has not provided evidence that shows his injury was a result of hostile action.