IN THE CASE OF:
BOARD DATE: 27 September 2011
DOCKET NUMBER: AR20110006549
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 sustained a broken arm during combat in the Republic of Vietnam. He further states the doctor who treated his injury did not ask how it was received or document the treatment.
3. The applicant provides a:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DD Form 215 (Correction to DD Form 214)
* Letter from the Veterans of Foreign Wars of the U.S. National Veterans Service
* Letter from the Department of the Army Review Boards Agency
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's record shows he was inducted into the Army of the United States on 9 November 1966. The applicant completed the training requirements and he was awarded military occupational specialty 64A (Light Vehicle Driver). The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.
3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 22 July 1967 through 11 August 1968.
4. On 12 August 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation. On 8 November 1972, he was honorably discharged from the U.S. Army Reserve Control Group (Annual Training).
5. The applicant's official military personnel file is void of 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 wounded in action or treated for a wound received as a result of enemy action.
6. During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty roster. The applicant's name is not included on the roster.
7. A 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 U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart.
8. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. Paragraph 2-8 contains guidance on the Purple Heart. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the Purple Heart was carefully considered and it was determined there is insufficient evidence to support this request.
2. 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 which the award is being made was received as a result of enemy action. The member must have required medical treatment by military medical personnel and this medical treatment must have been made a matter of official record.
3. The applicant's record contains no medical treatment records or other documents that confirm the applicant was 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.
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) AR20110006549
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110006549
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150002785
The applicant's official military personnel file (OMPF) contains no medical records showing he was wounded in action or treated for a wound received as a result of enemy action. 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...
ARMY | BCMR | CY2011 | 20110012561
The applicant states he was wounded by mortar shrapnel from enemy fire while serving in the Republic of Vietnam. 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...
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 | CY2011 | 20110018259
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. The applicant's OMPF is void of any orders or other documentation that shows he was ever recommended for or awarded the Bronze Star...
ARMY | BCMR | CY2011 | 20110020198
His complete medical records were not available for review. In the absence of official documentary evidence to corroborate the events that led to his injury, or additional documentation that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to award him the Purple Heart in this case. ABCMR Record of Proceedings (cont) AR20110020198 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF...
ARMY | BCMR | CY2008 | 20080014133
Headquarters, U.S. Military Assistance Command, Vietnam, General Orders Number 2097, dated 25 April 1969, show the applicant was awarded the Purple Heart for wounds received in action in connection with military operations against a hostile force in the Republic of Vietnam on 31 March 1969. 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...
ARMY | BCMR | CY2009 | 20090003577
The available evidence shows the applicant suffered an injury to his foot as a result of a grenade explosion in the Republic of Vietnam on 14 September 1970 and that he was treated at various hospitals for this wound. In fact, none of the medical forms prepared at the different hospitals indicates that his wound was a result of hostile action. In the absence of documentation that conclusively show his grenade injury was a result of hostile action, there is insufficient evidence upon which...
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 | 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 | CY2010 | 20100020636
His service record is void of any orders that show he was awarded the Purple Heart; his name is not shown on the Vietnam casualty roster; his DA Form 20 does not indicate any combat wounds; and his medical records are not available for review with this case. Notwithstanding his sincerity, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, there is insufficient evidence upon which to base...