Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110002880
Original file (20110002880.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  1 August 2011

		DOCKET NUMBER:  AR20110002880 


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 twice in Vietnam and was never awarded the Purple Heart.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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.  His records show he was inducted into the Army of the United States on 17 October 1966.  He completed the training requirements and was awarded military occupational specialty 61C (Marine Engineer).  The highest rank/pay grade he attained while serving on active duty was specialist four/E-4.

3.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 24 January 1968 through 9 October 1968.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he completed 8 months and 18 days of foreign service.

4.  Item 38 of the applicant's DA Form 20 shows he was assigned to the 1099th Transportation Company during his tour of duty in the Republic of Vietnam.

5.  Item 38 of his DA Form 20 does not show he was assigned in a patient status at a medical treatment facility at any time during his period of service.

6.  Item 40 (Wounds) of his DA Form 20 is blank.

7.  Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart.

8.  There is no evidence in the available record that shows he sustained an injury as a result of hostile action or that he was treated for wounds sustained as a direct result of hostile action.  Additionally, his name does not appear on the Vietnam casualty roster.

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

10.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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 been treated by medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to be awarded the Purple Heart was carefully considered.

2.  His name does not appear on the Vietnam casualty roster.

3.  There is no evidence in the available record and the applicant has not provided sufficient evidence that shows he sustained an injury as a result of hostile action or that he received treatment for injuries sustained as a direct result of hostile action.  Based on the foregoing, there is insufficient evidence to award him the Purple Heart.

4.  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 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)                                         AR20110002880



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110002880



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2011 | 20110012759

    Original file (20110012759.txt) Auto-classification: Denied

    The applicant states she has the Purple Heart Medal but not a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) which shows the award. c. Item 40 (Wounds) contains a statement that the FSM received fragmentation wounds-left foot (non-hostile) on 22 September 1968. d. Item 41 (Awards and Decorations) does not show award of the Purple Heart. There is no evidence in the available record showing the FSM was awarded the Purple Heart and his name does...

  • ARMY | BCMR | CY2009 | 20090021528

    Original file (20090021528.txt) Auto-classification: Denied

    The applicant requests correction of his records to show he was awarded the Purple Heart. There is no evidence in the available record showing he was awarded the Purple Heart. The applicant's record is void of any orders or other documents indicating he was awarded the Purple Heart by proper authority while serving on active duty.

  • ARMY | BCMR | CY2011 | 20110011987

    Original file (20110011987.txt) Auto-classification: Denied

    The applicant states he should have been awarded the Purple Heart because he sustained a shrapnel wound to his right hand. There is no evidence in the available record showing he was awarded the Purple Heart. Based on the foregoing, there is insufficient evidence to award him the Purple Heart.

  • ARMY | BCMR | CY2012 | 20120010647

    Original file (20120010647.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 he sustained a combat injury while serving in Vietnam in November 1968. He provides: * DD Form 214 * letter from the National Personnel Records Center (NPRC), dated 19 April 2012 * request for assistance from his Congressman, dated 6 April 2012 * Standard Form 180 (Request Pertaining to Military Records) CONSIDERATION OF EVIDENCE: 1. His service record does not...

  • ARMY | BCMR | CY2010 | 20100023769

    Original file (20100023769.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). His service record does not contain any orders which authorized award of the Purple Heart or evidence to show he was wounded in 1967. In the absence of evidence to show he was wounded or injured as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.

  • ARMY | BCMR | CY2011 | 20110004924

    Original file (20110004924.txt) Auto-classification: Denied

    Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam during the period 26 October 1970 through 19 September 1971. There is no evidence in the available records showing he was awarded the Purple Heart. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.

  • ARMY | BCMR | CY2010 | 20100000040

    Original file (20100000040.txt) Auto-classification: Denied

    The applicant requests correction of his records to show he was awarded the Purple Heart. He completed 2 years of active service during this period. There is no evidence in the available record showing he was awarded the Purple Heart.

  • ARMY | BCMR | CY2013 | 20130022240

    Original file (20130022240.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). He states: * He should have received a Purple Heart for an injury he sustained in Vietnam, and he received a medical discharge * He was shot in his right ankle and knee on 1 February 1967; he was in Bien Hoa, Vietnam * He was medically retired on 20 September 1968; as a result of the injury sustained from the gunshot wound he is a below-the-knee (BK) amputee 3. However, his service record is void...

  • ARMY | BCMR | CY2011 | 20110004772

    Original file (20110004772.txt) Auto-classification: Denied

    Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) and item 30 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) show he served in the Republic of Vietnam during the period 4 December 1970 to 22 October 1971. There is no evidence in the available record showing he was awarded the Purple Heart and his name does not appear on the Vietnam Casualty Roster. _______ _ _X______ ___ CHAIRPERSON I certify that...

  • ARMY | BCMR | CY2009 | 20090004548

    Original file (20090004548.txt) Auto-classification: Denied

    BOARD DATE: 30 July 2009 DOCKET NUMBER: AR20090004548 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). There is no evidence in the applicant’s military personnel records that shows he was wounded as a result of hostile action; his DA Form 20 does not list the Purple Heart in item 41; the applicant's name is not listed on the Vietnam Casualty Roster; and there are no orders in the applicant’s...