BOARD DATE: 9 August 2011
DOCKET NUMBER: AR20110002902
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, in effect, award of two Purple Hearts.
2. He states he received two wounds in Vietnam a wound to his right foot from incoming fire on 2 September 1967 and a shrapnel wound to his left foot on 4 September 1967. Both wounds were documented and treated. He states he recalls Soldiers were to request the Purple Heart themselves. He did not, considering his wounds were minor relative to friends who had lost arms and legs. He is now facing several medical issues and would like to apply for award of the Purple Heart.
3. He provides copies of a Standard Form 600 (Chronological Record of Medical Care) and 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. The applicant was inducted into the Army of the United States on 30 September 1966. He was honorably released from active duty on 27 September 1968 after completing 1 year, 11 months, and 28 days of total active service.
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he was credited with service in Vietnam from 21 May 1967 through 19 May 1968. Item 40 (Wounds) shows no entries.
4. His name does not appear on the Vietnam casualty list.
5. 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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
6. His service medical records are not available to the Board for review. The Standard Form 600 he provides shows he received a laceration between the fourth and fifth toe of his right foot on 2 September 1967 and a slight incision on a toe of his left foot on 4 September 1967. The form does not show the cause of the injuries.
7. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an 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:
The evidence of record shows the applicant received an injury to his right foot on 2 September 1967 and an injury to his left foot on 4 September 1967. However, the evidence of record does not show he incurred these injuries in action against an enemy or as a result of hostile action. In the absence of such evidence, regrettably, there is an insufficient basis for awarding him the Purple Heart or correcting his DD Form 214 to show award of the Purple Heart.
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) AR20110002902
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110002902
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2004 | 20040011570C070208
A 14 September 1987 medical report shows that he had a foot operation in 1985 and again in 1986. None of the reports or medical records, however, indicates that he was wounded as a result of hostile action. The Board notes the medical record report that the applicant submits with his application.
ARMY | BCMR | CY2009 | 20090015465
The applicant requests correction of his records to show award of the Presidential Unit Citation, Army Good Conduct Medal, Purple Heart, and the Air Service Medal. Item 41 (Awards and Decorations) on his DA Form 20 does not list the Presidential Unit Citation, Army Good Conduct Medal, Purple Heart, or the Air Service Medal as authorized awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of...
ARMY | BCMR | CY2014 | 20140008102
The applicant states he was shot in his left foot in Vietnam on 9 March 1968 and he did not receive credit for being wounded. The applicant provides: * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 29 August 1968, showing his last name as W____ * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 29 August 1968, showing his last name as J____ * Standard Form 600 (Chronological Record...
ARMY | BCMR | CY2008 | 20080014346
There are no general orders that show the applicant was awarded the Purple Heart and there is no evidence in his service personnel records which shows that he was wounded or injured as a result of hostile action or treated for such wounds. Absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record,...
ARMY | BCMR | CY2011 | 20110004930
Item 40 (Wounds) of his DA Forms 20 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. 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. 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...
ARMY | BCMR | CY2015 | 20150001848
The applicant states: * he was injured on his hand and foot * he served in Vietnam for 11 months and 24 days * he and his unit were attacked by the enemy again on 5 May 1968 * he was honorably discharged at his expiration term of service * his injuries are recorded in his military medical records, but they are not on his DD Form 214 * he was released from active duty (REFRAD) 26 days after the last attack 3. The applicant's military records are not available to the Board. As a result, the...
ARMY | BCMR | CY2008 | 20080014396
The applicants DD Form 214 (Report of Transfer or Discharge) for the period ending 14 June 1968 does not show the Purple Heart as an authorized award. There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. There is no evidence in the applicant's service personnel record which shows that he was wounded or injured as a result of hostile action in Vietnam.
ARMY | BCMR | CY2003 | 2003087583C070212
In support of his application, he submits a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 1982; a medical record, dated 30 April 1969; and a Department of Veterans Affairs (DVA) Rating Decision, dated 26 August 1982. There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. The applicant's DD Forms 214 for the periods...
ARMY | BCMR | CY2013 | 20130017650
A DA Form 2173 (Statement of Medical Examination and Duty Status), dated 1 October 1968, wherein the applicant stated that he sustained a gunshot wound to his right foot while cleaning his weapon; however, the executive officer noted that the magazine was still in the weapon and there was no cleaning equipment near the applicant at the time of the incident. The applicant requests correction of his DD Form 214 to show he was awarded the Purple Heart. His records are void of evidence and he...
ARMY | BCMR | CY2010 | 20100016215
Application for correction of military records (with supporting documents provided, if any). c. A statement, dated 22 January 2010, from a retired SFC and comrade who served with the applicant in Vietnam and has known him over the years. In view of the foregoing, there is insufficient evidence to support award of the Purple Heart in this case.