IN THE CASE OF:
BOARD DATE: 2 February 2012
DOCKET NUMBER: AR20110014689
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 believes the Purple Heart should be added to his DD Form 214 because he was injured in Vietnam.
3. The applicant provides four DD Forms 214.
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. Having had prior active service, the applicant's records show he enlisted in the Regular Army on 25 May 1965 and he held military occupational specialty 11B (Light Weapons Infantryman). He served in Vietnam from 14 February 1968 to 4 May 1968 while assigned to the 1st Battalion, 505th Infantry Brigade.
3. His record contains a Standard Form 600 (Chronological Record of Medical Care) wherein it shows he was treated on 21 March 1968 for a shrapnel wound to his right arm that he received on that date. This form does not state how the wound was incurred.
4. He was honorably released from active duty on 10 May 1968. He completed 2 years, 11 months, and 1 day of creditable active service during this period of service.
5. There are no orders in his records showing award of the Purple Heart.
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued for this period of service does not show award of the Purple Heart.
7. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) contains no entries and item 41 (Awards and Decorations) does not show the Purple Heart.
8. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders for the Purple Heart pertaining to the applicant.
9. Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing failed to show his name as a casualty.
10. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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 criteria for the Purple Heart requires the submission of substantiating evidence to verify that a Soldier received a wound/injury as the result of hostile action, the wound/injury must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.
2. The evidence of record shows the applicant was treated for a shrapnel wound while he was in Vietnam. However, there is no evidence and he has not provided any evidence that shows these wounds were the result of enemy action.
3. Notwithstanding the applicant's sincerity, in the absence of official orders awarding him the Purple Heart or documentary evidence such as witness statements or morning reports that show he was wounded or injured as a result of enemy action, there is insufficient evidence upon which to correct his records to show award of the Purple Heart.
4. Nevertheless, this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20110014689
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110014689
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130008500
There is no evidence of record that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Regrettably, in the absence of documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds there is an insufficient...
ARMY | BCMR | CY2012 | 20120011257
His service medical records are not available for review with this case and there is no evidence in his available record that shows he was wounded as a result of hostile action while serving in Vietnam. The applicant provides: a. Notwithstanding the applicant's sincerity or the sincerity of his former unit members, there is an insufficient evidentiary basis upon which to award the applicant the Purple Heart in the absence of documentation that conclusively shows he was wounded or injured...
ARMY | BCMR | CY2007 | 20070003558
Department of the Army Letter Orders, dated 7 September 1972, show that the applicant was awarded the Purple Heart for wounds received in action on 30 March 1969 in the Republic of Vietnam. Evidence of records shows that, on/about 11 July 1967, the applicant suffered metal shrapnel in his eyes in the Republic of Vietnam, while in action against an enemy or as a result of hostile action and is therefore entitled to award of the Purple Heart and correction of his records to show this award. ...
ARMY | BCMR | CY2013 | 20130016109
He departed Vietnam en-route to the United States on 10 February 1970. Although he provides evidence showing he was treated for a shrapnel wound to his buttock, there is no evidence in the available record, nor has the applicant provided any evidence showing he was wounded as a result of hostile action by enemy forces. _______ _ 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...
ARMY | BCMR | CY2010 | 20100019110
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 for wounds sustained in the Republic of Vietnam. Notwithstanding the witness statement, there is no evidence of record or corroborating medical documentation to support award of the Purple Heart in this case. ____________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the...
ARMY | BCMR | CY2013 | 20130012493
Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and 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. However, in the absence of orders or documentation that conclusively shows he was...
ARMY | BCMR | CY2013 | 20130015070
The 30 September 1985 DD Form 214 shows he was awarded the Purple Heart. [a previously considered] DA Form 4187 (Personnel Action), dated 29 November 1984, subject: Award of Purple Heart (1st Oak Leaf Cluster) with enclosures that shows: (1) in a DA Form 2823 (Sworn Statement), dated 29 November 1984, the applicant stated, in pertinent part, "[he] received a wound to the left hip that was inflicted by hostile enemy fire on 10 May 1968." Records show he was awarded the Purple Heart for...
ARMY | BCMR | CY2009 | 20090003882
The applicant states, in effect, that he should have been awarded the Purple Heart for wounds he received in Vietnam on 4 March and on 2 November 1968. The evidence does show the applicant complained of shrapnel in his chest; however, the medical records entry does not form a basis for award of the Purple Heart to him. The Standard Form 513 the applicant submitted to support his request for award of the Purple Heart for an injury he states he sustained on 2 November 1968 as a result of an...
ARMY | BCMR | CY2014 | 20140010945
This regulation further stated that the date the wound or injury occurred would also be placed in item 40. c. Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart. He provides a document titled Rating Decision, dated 13 July 1971, which appears to be from VA. On the document it essentially states: * the applicant made a claim for service-connection for shrapnel wounds * available medical records did not show any treatment for shrapnel wounds but his...
ARMY | BCMR | CY2012 | 20120020541
There is no evidence of record that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart. His available service medical records show he listed a shrapnel wound in December 1969 and the military medical doctor found evidence of a scar on his right forearm. In the absence of orders or other additional documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, there is an...