IN THE CASE OF:
BOARD DATE: 14 February 2012
DOCKET NUMBER: AR20110015989
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, in effect, he received the Purple Heart for injuries he sustained in the Republic of Vietnam (RVN). He separated from the service in the RVN and his record was rushed because of the cease of the war on
20 March 1972. He currently receives compensation from the Department of Veterans Affairs for a service connected disability [lower groin area, prostate] rated at 20 percent.
3. The applicant provides a self authored statement and his DD Form 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. His separation document shows he enlisted in the Regular Army for on
28 February 1969 [sic] and he held military occupational specialty 11B (Light Weapons Infantryman).
3. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show a combat wound and item 41 (Awards and Decorations) of this form does not show award of the Purple Heart.
4. He was honorably released from active duty on 21 March 1972 and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows he:
* served in the Republic of Vietnam from 9 February 1971 to 18 March 1972
* was assigned to Company C, 1st Battalion, 7th Cavalry
* completed 1 year, 11 months, and 28 days of total active service
* had 386 days of lost time
* was released on temporary records and Soldier affidavit
5. His name is not shown on the Vietnam casualty roster.
6. His complete medical records were not available for review. A chronological record of medical care found in the record shows he was diagnosed and received treatment for epididymitis (swollen testicle) between 9 May and 10 June 1969.
7. A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 for him.
8. 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. 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 an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
2. There is nothing in his service records that shows he was injured as a result of enemy action or friendly fire in the heat of battle. Additionally, his name is not shown on the Vietnam casualty roster. His DA Form 20 does not show any combat wounds and his available medical records do not document a combat wound or injury. Further, his medical condition does not appear to have been the direct result of enemy action that would qualify for the award of the Purple Heart.
3. 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 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.
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) AR20110015989
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110015989
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090013296
A review of the applicant's military personnel records revealed that there are no orders in the applicant's records that show he was awarded the Purple Heart. The applicant's military personnel records do not contain any evidence that the applicant provided the information requested. The applicant provides no timely documentary evidence from his service medical records to verify that he was wounded as the result of hostile action, that such wound required treatment by medical personnel, or...
ARMY | BCMR | CY2014 | 20140004967
The applicant states his helicopter was shot down three times in the Republic of Vietnam (RVN). g. On 9 October 1972, he was released from active duty. The applicant contends his military records should be corrected to show he was, on 3 separate occasions, awarded the Purple Heart.
ARMY | BCMR | CY2011 | 20110002779
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. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 7 February 1969 through 25 September 1970. 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.
ARMY | BCMR | CY2009 | 20090011608
The applicant requests, through his representative in Congress, reconsideration of his request for the award of the Purple Heart for injuries received on 7 July 1969 while serving in the Republic of Vietnam (RVN). The applicant provides the following: a. a copy of Headquarters, 4th Infantry Division, General Orders Number 6155, dated 27 September 1969, awarding him the Army Commendation Medal with "V" Device for heroism in connection with military operations against an armed hostile force...
ARMY | BCMR | CY2010 | 20100015871
The applicant provided a letter from the Wise County Veterans Service Office which states, in effect, that applicants service medical records will show he was injured and he had a subsequent hospital stay for treatment of the injury. The applicant's available records, ADCARS, and the Vietnam casualty roster do not provide any evidence which verifies he was wounded as a result of hostile action. The applicant did provide evidence that he sustained an eye injury while serving in the RVN and...
ARMY | BCMR | CY2011 | AR20080017432
The applicant requests, in effect, correction of his records to show award of the Purple Heart. The applicant's military personnel records contain a copy of his DD Form 214 that shows he entered active duty this period on 13 February 1964. There is no evidence in the applicants military personnel records that shows he was wounded or treated for wounds as a result of hostile action; his DA Form 20 does not show an entry in item 40 or list the Purple Heart in item 41; his DA Form 2-1 does...
ARMY | BCMR | CY2009 | 20090021469
The applicant states that he was injured in the Republic of Vietnam (RVN) on 22 February 1970 and the paperwork was done; however, he never received the Purple Heart. The applicant submitted a copy of the Daily Staff Journal or Duty Officer's Log, dated 22 February 1970, which shows he received a scratch under the eye while serving in the RVN. Based on the evidence of record, the applicant has not established a basis for award of the Purple Heart or to have it added to his DD Form 214.
ARMY | BCMR | CY2011 | 20110024300
The applicant states that he should be awarded the PH and CIB for his service in the Republic of Vietnam (RVN). Army Regulation 600-8-22 (Military Awards) 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...
ARMY | BCMR | CY2009 | 20090009210
The applicant states, in effect, that he has provided military medical records that show he was wounded as a result of enemy action. The applicant provided a copy of his SF 600 and SF 93 which are considered new evidence and merit consideration by the Board. In the absence of such evidence that clearly states he was injured as a result of hostile action, there is an insufficient basis to grant award of the Purple Heart in this case.
ARMY | BCMR | CY2005 | 20050004427C070206
Item 40 (Wounds) of the DA Form is blank and contains no entry indicating the applicant was wounded in action, and Item 41 (Awards and Decorations) does not include the Purple Heart among the earned awards listed. It states, in pertinent part, that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to...