IN THE CASE OF:
BOARD DATE: 1 March 2012
DOCKET NUMBER: AR20110017048
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 that he be awarded the Purple Heart for wounds received in Vietnam.
2. The applicant states, in effect, he received shrapnel to the pelvis and eight boils and numerous leech bites were in the same area. He goes on to state that it occurred during a friendly artillery fire incident made by mistake by the artillery unit commander. He further states that he never reported the injury.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a copy of a 2006 Radiology Report, and 6 pages of email.
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 commissioned as a U.S. Army Reserve (USAR) second lieutenant on 12 August 1970, entered active duty that date, and was assigned as a training officer in a basic training company at Fort Jackson, South Carolina for his first duty assignment.
3. He was promoted to the rank of first lieutenant on 12 August 1971 and transferred to Vietnam on 24 August 1971 for assignment to D Company, 2d Battalion, 506th Infantry Regiment, 101st Airborne Division for duty as a rifle platoon leader.
4. In December 1971, he was transferred to the 160th Signal Group for duty as a sector operations officer responsible for the supervision of sector defense of 3 ½ miles of Long Binh Post. He departed Vietnam on 8 June 1972 for assignment to Fort Campbell, Kentucky.
5. On 11 August 1973, he was honorably released from active duty (REFRAD) due to his own request. He had served 3 years of total active service and his
DD Form 214 issued at the time of his REFRAD shows that he was awarded the Bronze Star Medal, the Combat Infantryman Badge, Parachutist Badge, Republic of Vietnam Campaign Medal, Vietnam Service Medal with one bronze service star, and the National Defense Service Medal.
6. A review of his official records failed to show any indication of the applicant being wounded or injured in Vietnam and his final separation physical makes no mention of any injuries or treatment for injuries. Additionally, the applicants name is not contained on the Vietnam Casualty Listing.
7. The radiology report provided by the applicant with his application indicates that a "BB" was found in the applicants left buttock in 2006.
8. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.
9. Army Regulation 600-8-22 also provides for award of the Purple Heart to individuals wounded or killed as a result of friendly fire in the heat of battle as long as the friendly projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he sustained shrapnel wounds in Vietnam is not in doubt the applicant has failed to show through the evidence of record and the evidence submitted with his application that the injury was the result of enemy action and that treatment for his injuries was made a matter of record. As he acknowledges, he never reported the injury so it was never made a matter of record.
2. Therefore, in the absence of such evidence, there appears to be no basis to award him the Purple Heart.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20110017048
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110017048
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110006402
Application for correction of military records (with supporting documents provided, if any). The applicant states he was shot during combat in Vietnam but he was not awarded the Purple Heart. Notwithstanding his sincerity, 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...
ARMY | BCMR | CY2014 | 20140017178
Specifically, he requests: * award of the Purple Heart for wounds received during his service in the Republic of Vietnam * correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Purple Heart * correction of his DD Form 214 to show he was separated in the rank/grade of sergeant (SGT)/E-5, vice specialist four (SP4)/E-4 2. The applicant states: * in March 1970, he was setting up Landing Zone (LZ) Caroline when the unit came...
ARMY | BCMR | CY2012 | 20120020637
Army Regulation 600-8-22 (Military Awards) states: a. 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. His record is void of any medical records to show he was wounded as a result of...
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 | CY2011 | 20110016372
Application for correction of military records (with supporting documents provided, if any). The applicant requests award of the Purple Heart. Notwithstanding his sincerity, 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...
ARMY | BCMR | CY1996 | 9608034C070209
After completing 10 months of service, he reenlisted while serving in Vietnam. Army Regulation 600-8-22, Military Awards, provides in pertinent part, that the Purple Heart is awarded for a wound sustained as the result of hostile action. Based upon the available records, there is no conclusive evidence that the applicant suffered any wounds or injuries during his service that would qualify him for award of the Purple Heart.
ARMY | BCMR | CY2013 | 20130013613
The applicant requests correction of his records to show award of the Purple Heart. A review of the applicant's military personnel records failed to reveal any orders or other evidence that shows he was awarded the Purple Heart. The applicant contends that his records should be corrected to show award of the Purple Heart because he was injured by shrapnel while serving in the Republic of Vietnam.
ARMY | BCMR | CY2010 | 20100020029
The applicant requests award of the Purple Heart for an injury received while serving in the Republic of Vietnam (RVN). The applicant states he was injured during combat when "the guns on our duster exploded." Furthermore, there is no available evidence of record showing that he was injured or wounded while engaged in combat against an armed enemy.
ARMY | BCMR | CY2013 | 20130016304
He and his buddy jumped out of the helicopter before they landed and they were under fire as soon as they hit the ground. The hand-written diary the applicant submitted contains entries from May 1966 to 9 July (1967). There is no evidence to show this is shrapnel or that he received it as a result of enemy action.
ARMY | BCMR | CY2010 | 20100019473
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 3 November 1971 to show award of the Purple Heart and the Combat Action Badge. There are no general orders in his service personnel records that show he was awarded the Purple Heart. Unfortunately, the witness statements from his two former fellow Soldiers were considered, but are insufficient by themselves to award the Purple Heart.