IN THE CASE OF:
BOARD DATE: 16 February 2012
DOCKET NUMBER: AR20110014596
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 in July 1968 they received incoming rocket fire. He went to the bunker but before they received the all clear signal the bunker collapsed. He was evacuated to Chu Lai by helicopter and sent to Cam Ranh Bay for medical treatment lasting about 6 weeks. He returned to Chu Lai and he was processed out of the Army.
3. The applicant provides:
* Standard Form (SF) 88 (Report of Medical Examination), dated 11 August 1966
* SF 89 (Report of Medical History), dated 14 September 1968
* 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 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. He was inducted into the Army of the United States on 28 October 1966. He completed basic combat and advanced individual training and was awarded military occupational specialty 12C (Bridge Specialist).
3. He served in the Republic of Vietnam with the 26th Engineer Battalion from
28 December 1967 to 10 September 1968.
4. On 14 September 1968, he was released from active duty. He completed
1 year, 10 months, and 15 days of active service that was characterized as honorable. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show he was awarded the Purple Heart.
5. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.
6. Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart.
7. His service medical records were not available for review. His SF 89, dated 14 September 1968, indicates he suffered a broken collar bone in 1968 in the Republic of Vietnam. However, there is no indication of how he broke his collar bone or that it was a result of enemy action.
8. His name does not appear on the Vietnam casualty listing.
9. 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 United States Army Human Resources Command, failed to reveal any orders awarding him the Purple Heart.
10. Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, of the version in effect at the time, stated that a brief description of wounds or injuries (including injury from gas) requiring medical treatment that were received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20.
11. Army Regulation 672-5-1 (Military Awards), then in effect, provided that the Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who while serving under competent authority in any capacity with one of the U.S. Armed Services had been wounded, killed, or who had died as a result of a wound sustained 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:
His SF 89 does not indicate he broke his collar bone as a result of enemy action. Item 40 of his DA Form 20 contains no entries and his name is not listed on the Vietnam casualty listing. Therefore, in the absence of evidence showing he was wounded as result of hostile action, the wound required treatment by medical personnel, and the medical treatment was made a matter of official record there is an insufficient basis to award the Purple Heart in this case.
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) AR20110014596
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110014596
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2007 | 20070012962
There are no general orders that show the applicant was awarded the Purple Heart; there is no evidence in his service personnel records that shows he was wounded or injured as a result of hostile action or treated for such wounds; and the applicant's name is not listed on the Vietnam Casualty Roster. The evidence of record shows that the applicant was awarded the Vietnam Service Medal. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the...
ARMY | BCMR | CY2008 | 20080018308
This correction was also clearly stated in Item 6 in the Consideration of Evidence section of the Record of Proceedings for Docket Number AR20080011098. An SF 88 (Report of Medical Examination), completed in part by the applicant, during his separation physical examination, on 22 May 1969, shows no entries to indicate that he had sustained any wound in action during his assignment to Vietnam. To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier...
ARMY | BCMR | CY2010 | 20100011363
The applicant requests award of the Purple Heart. Colonel (COL) J____ B. P____'s strict interpretation of Army Regulation 600-8-22 (Military Awards) which, in effect, denied him award of the Purple Heart by stating he was not injured as a result of enemy action, but as a result of running into the door during the rocket attack on 26 May 1968, is not true. In the absence of any other corroborating evidence of record which shows he was wounded or injured as a result of hostile action, there...
ARMY | BCMR | CY2015 | 20150004142
In his request for reconsideration, he stated: * he sustained a concussion in Vietnam and was sent to Japan to recover from this concussion * he was not sent back to Vietnam because of the medical issues with hearing loss, headaches, and post-traumatic stress disorder (PTSD) which are all service-connected * he was given a permanent physical profile and upon returning stateside, he was assigned to supply, then finance, then special services * he was also treated at Fort Meade, MD for ears,...
ARMY | BCMR | CY2014 | 20140006922
The applicant states he served in the Republic of Vietnam (RVN) and was wounded on his left foot, on 2 May 1968, by shrapnel from an incoming mortar and the medical treatment is recorded in his medical records. A review of the applicant's military personnel record failed to reveal any orders or other evidence that shows he was awarded the Purple Heart. In order to support awarding a member the Purple Heart, it is necessary to establish the wound for which the award is being made required...
ARMY | BCMR | CY2009 | 20090004255
The applicant requests correction of his military records by awarding him the Purple Heart and showing it on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). A SF Form 93 (second page only), dated 1 August 1976 and provided by the applicant, shows that the applicant had reported receiving shrapnel wounds while serving in the Republic of Vietnam. The evidence provided by the applicant reports that he had received shrapnel wounds during an enemy rocket and...
ARMY | BCMR | CY2011 | 20110018654
Application for correction of military records (with supporting documents provided, if any). The applicant provides: * his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * a letter from the National Personnel Records Center, St. Louis, MO, dated 15 August 2011 * Military Order of the Purple Heart, Instruction for Obtaining a Purple Heart * a Standard Form (SF) 600 (Chronological Record of Medical Care) with an entry dated 12 October 1970 * an SF 519A...
ARMY | BCMR | CY2011 | 20110017890
His request for correction of his records to show award of the Purple Heart was carefully considered; however, it is not supported by the available evidence of record. His record contains no evidence and he has not provided evidence to show he was injured as a result of hostile action, he received medical treatment for his injuries, and the medical treatment was made a matter of record. _________X________________ CHAIRPERSON I certify that herein is recorded the true and complete record of...
ARMY | BCMR | CY2011 | 20110020521
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. Although his separation physical examination document notes shrapnel wound to his left forearm, there is no corroborating evidence that shows he met the criteria for award of the Purple Heart. __________X______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...
ARMY | BCMR | CY2014 | 20140016275
The applicant provides copies of the following: * two Standard Forms (SF) 88 (Report of Medical Examination) * two SFs 89 (Report of Medical History) * medical history * International Certificates of Vaccination * five SFs 600 (Health Record Chronological Record of Medical Care) * SF 539 (Clinical Record Abbreviated Clinical Record) * dental record * letter of commendation * SF 602 (Health Record Dental Clinic) * DA Form 3082-R (Statement of Medical Condition) * DD Form 214 (Armed...