IN THE CASE OF:
BOARD DATE: 6 September 2011
DOCKET NUMBER: AR20110004591
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 that he be awarded the Purple Heart.
2. The applicant states that while serving in the Republic of Vietnam (RVN), he was assigned to the 123rd Americal Division and received shrapnel wounds to his left foot from a mortar attack.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 26 June 1967 and was awarded military occupational specialty 67A (Aircraft Maintenance Crewman) upon completion of initial entry training.
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 19 November 1967 to 18 November 1968. Item 40 (Wounds) is blank and item 41 (Awards and Decorations) does not show the Purple Heart.
4. There is no evidence in his Official Military Personnel File (OMPF) that indicates he was ever recommended for or awarded the Purple Heart or that he was ever treated for a combat-related wound. His name is not listed in the Vietnam casualty roster.
5. He was honorably released from active duty on 15 July 1970. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Commendations Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not include the Purple Heart.
6. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
7. 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 applicant's request for award of the Purple Heart based on shrapnel wounds he received while in the RVN has been carefully considered.
2. His record does not contain any documentation indicating he was wounded or injured as a result of hostile action as outlined in the governing regulation. His name is not included on the Vietnam casualty roster.
3. Based on the above, there is no basis to grant the requested relief.
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 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) AR20110004591
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110004591
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090003706
Application for correction of military records (with supporting documents provided, if any). There is no documentation in the applicants military personnel records that shows he was wounded or treated for wounds as a result of hostile action. There is no evidence in the applicants 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;...
ARMY | BCMR | CY2009 | 20090020444
The applicant requests correction of his records to show award of the Purple Heart. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action. In the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for such wounds, there is insufficient evidence upon which to base award of the Purple Heart.
ARMY | BCMR | CY2009 | 20090019288
Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained as a result of hostile action. Evidence shows the applicant suffered a mortar wound to the left knee on 17 April 1967 as a result of hostile action that was treated by the appropriate medical personnel. 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 his DD Form 214 the Vietnam Service...
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 | CY2015 | 20150001047
The applicant requests correction of his military service records to show he sustained an injury on 25 October 1967 and was awarded the Purple Heart. A review of the applicant's military personnel records failed to reveal any orders or other evidence that shows he was awarded a second award of the Purple Heart. The applicant's request for correction of his military service records to show he sustained wounds/injuries on 25 October 1967 and was awarded a second award of the Purple Heart was...
ARMY | BCMR | CY2008 | 20080013304
The applicant's military service records contain a DA Form 20 (Enlisted Qualification Record). U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart. The applicant contends, in effect, that his records should be corrected to show award of the Purple Heart because he sustained a wound to his left shoulder on 8 October 1966 while serving in the RVN and this information is recorded in Item 40 of his DA Form 20.
ARMY | BCMR | CY2011 | 20110007987
The applicant requests correction of his records to show the Purple Heart. 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. The applicant's request for award of the Purple Heart based on wounds he received while in the RVN has been carefully considered.
ARMY | BCMR | CY2009 | 20090002885
Application for correction of military records (with supporting documents provided, if any). The applicant contends that his records should be corrected to show award of the Purple Heart because he received a shrapnel wound to his chin on 25 August 1966 during the Battle of Bong Trang while serving in the RVN. In his request the applicant claims he received a shrapnel wound to his chin on 25 August 1966 during the Battle of Bong Trang while serving in the RVN.
ARMY | BCMR | CY2009 | 20090004548
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 applicants 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 applicants...
ARMY | BCMR | CY2014 | 20140012703
Application for correction of military records (with supporting documents provided, if any). He received first aid from another Soldier and later the medic bandaged his injury. 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.