IN THE CASE OF:
BOARD DATE: 15 November 2011
DOCKET NUMBER: AR20110010020
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.
2. The applicant states he was in Vietnam, on a patrol, when a mortar round exploded near his position. He was hit in the mouth. One of his front teeth was broken and his jaw was damaged. The unit was in a controlled area and he could not be air lifted out for medical care. He was attended by a medic.
3. The applicant provided a copy of his DD Form 214 and statement from another Soldier who was with the applicant during the incident.
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 was inducted into the Army on 6 September 1967. He completed his training and was awarded military occupational specialty
11B (Light Weapons Infantryman).
3. His records show he was assigned to the 1st Battalion, 8th Cavalry, 1st Cavalry Division [Vietnam] from 28 February 1968 through 14 February 1969.
4. On 5 September 1969, the applicant was honorably released from active duty as a sergeant/E-5. He had completed 2 years of creditable active duty service.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not list the Purple Heart.
6. The applicant's DA Form 20 (Enlisted Qualification Record) shows in:
a. Item 40 (Wounds): Blank
b. Item 41 (Awards and Decorations): the Purple Heart is not listed.
7. The witness statement provided by the applicant explains that on or about
21 August 1968 the unit was receiving mortar rounds from 300 meters from the rear. The applicant sustained injuries from pieces of shrapnel that resulted from the mortar rounds. His injuries were to this mouth; a broken tooth and a cut on the jaw. The applicant continued in the firefight against the enemy without being evacuated.
8. The applicants records contain a Standard Form (SF) 88 (Report of Medical Examination) and SF 89 (Report of Medical History) which were completed on
8 August 1969 prior to his separation. Neither form lists any injury or medical treatment he received while on active duty.
9. 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 awarding the applicant the Purple Heart.
10. The applicant's name is not listed on the Vietnam Casualty Roster.
11. Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force of the United States who, while serving in any capacity with one of the U.S. Armed Services has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The witness statement clearly reports that the applicant received some injuries as a result of the explosion. However, there is no official record showing medical treatment for any such wounds, and such a record of treatment is a regulatory requirement.
2. Furthermore, the 8 August 1969 physical examination does not list any injury or medical treatment the applicant received while on active duty.
3. In view of the above, the applicant's request should be denied.
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) AR20100010582
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110010020
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130005643
Neither of these forms show any evidence indicating he had been wounded while serving in Vietnam. His Army Military Human Resources Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), does not contain any documentation indicating he was wounded in action or that he was awarded the Purple Heart. He provides a USARV Form 130-R that shows: * the report was submitted by a chief warrant officer two at 1930 hours on 24 October 1968 * on 24 October 1968, the applicant...
ARMY | BCMR | CY2012 | 20120007048
His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Purple Heart as an authorized award. There is no evidence in the available records which shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. Although contemporaneous medical evidence (his SF 88, dated 22 May 1969) states he had mixed hearing loss and he was exposed to explosions in Vietnam, it does not mention any injuries or wounds...
ARMY | BCMR | CY2010 | 20100019888
There is no evidence in the applicant's military personnel records that shows he was authorized or awarded the Purple Heart. (4) Thus, the evidence the applicant provides is not only inconsistent with respect to the date of injury, but is also insufficient to support a claim to the Purple Heart. d. There is no evidence in the applicant's available military service records to satisfy the strict requirements for award of the Purple Heart.
ARMY | BCMR | CY2013 | 20130006850
The applicant requests award of the Purple Heart. She came under mortar attack on 18 September 2003 as noted on her DA Form 4187 (Personnel Action), dated 8 January 2006. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding her the Purple Heart for injuries received in action on 18 September 2003 and adding the Purple Heart to her DD Form 214 for the period ending 9 May 2004.
ARMY | BCMR | CY2005 | 20050004553C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 October 2005 DOCKET NUMBER: AR20050004553 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant also states, in effect that during another attack on his camp he was hit on the top of his head with a small piece of shrapnel, but did not report this injury because it seemed to be minor. Therefore,...
ARMY | BCMR | CY2003 | 2003087883C070212
The applicant provided a copy of his VA Rating Decision, dated 1 November 1994, which shows that he was granted 20 percent for a service-connected disability for mouth injury, mid lower lip. The applicant’s medical records are unavailable for review by this Board. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.
ARMY | BCMR | CY2014 | 20140019081
The applicant's record contains numerous documents that show he was involved in an aviation accident on 10 February 1969, in which the CH-47 Chinook helicopter he co-piloted crashed while he and fellow crewmembers were conducting resupply operations at Firebase Erskine. Documentation and witnesses indicate enemy ground fire caused the crash of the CH-47 Chinook helicopter on 10 February 1969, which wounded the entire crew and killed 3 Marines. The evidence of record does not support the...
ARMY | BCMR | CY2010 | 20100019777
He states: * He served in Vietnam from November 1969 to October 1970 * He performed perimeter security detail by setting up night ambushes * On the night of 11 February 1970 he sustained shrapnel injuries to his left leg from mortar rounds * He was treated by medical personnel and released to his unit * He did not receive the PH for this injury * On 29 April 1970, he was the driver of an Armored Personnel Carrier (APC) that was following a tank and he veered 10 feet out of the tracks of the...
ARMY | BCMR | CY2006 | 20060001070C070205
There are no orders in the applicant’s service personnel record which show that he was awarded the Purple Heart. This ruling, in effect, granted the Service Secretaries the authority to award the Purple Heart to individuals directly engaged in armed conflict that were killed or wounded as a result of "friendly fire." Therefore, in the absence of official documentary evidence substantiating medical treatment of the applicant's wounds, there is insufficient evidence upon which to base award...
ARMY | BCMR | CY2015 | 20150003302
The applicant states, in effect: * he was wounded by shrapnel during his service in Vietnam * he feels he should have received the Purple Heart at the time * his efforts to receive this award have been unsuccessful thus far * his service medical record should show treatment 3. The applicant requests award of the Purple Heart for a shrapnel wound incurred while he served in Vietnam. Should the applicant be able to obtain additional evidence (such as unit reports or other official documents...