Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110018512
Original file (20110018512.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  13 March 2012

		DOCKET NUMBER:  AR20110018512 


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.

2.  The applicant states that he was wounded while assigned to Company C, 1st Battalion, 16th Infantry Regiment in Vietnam in January 1968 with second degree burns to his right arm and side by napalm.  He further states that he was evacuated to a hospital in Da Nang.

3.  The applicant provides no additional documents with his application.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.



2.  The applicant enlisted in the Regular Army in St. Louis, Missouri on 
10 January 1967 for a period of 2 years.  He completed his basic training at Fort Leonard Wood, Missouri and his advanced individual training as a light weapons infantryman at Fort Polk, Louisiana before being transferred to Vietnam on 15 August 1967.

3.  He was assigned to Company C, 1st Battalion, 16th Infantry Regiment, 1st Infantry Division and was advanced to the pay grade of E-3 on 19 August 1967.

4.  He departed Vietnam, on 14 August 1968, and was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) as an overseas returnee, on 18 August 1968.  He had served 1 year and 7 months of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam, Campaign Medal, Army Commendation Medal, and Combat Infantryman Badge.

5.  A review of his official records failed to show any evidence of the applicant being wounded while in Vietnam.  Additionally, his name is not contained on the Vietnam Casualty Listing. 

6.  Additionally, a search 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 orders awarding the applicant the Purple Heart pertaining to the applicant.

7.  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.  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.  While the sincerity of the applicant’s claim that he was wounded in Vietnam is not in doubt he has failed to provide sufficient evidence to support his contention.  

2.  To award the Purple Heart there must be substantiating evidence to verify that the applicant was wounded as a 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.  Absent such evidence there appears to be no basis to award him the Purple Heart at this time.

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)                                         AR20110018512



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110018512



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090019053

    Original file (20090019053.txt) Auto-classification: Approved

    This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s 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. Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (first award) for the period 29 March 1967 through 15 April 1969, ending with a period of active service of less than 3 years but more...

  • ARMY | BCMR | CY2013 | 20130016240

    Original file (20130016240.txt) Auto-classification: Approved

    Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 15 November 1967 through 17 April 1970...

  • ARMY | BCMR | CY2010 | 20100018389

    Original file (20100018389.txt) Auto-classification: Approved

    The applicant's military records show he was inducted into the Army of the United States on 28 June 1966 for 2 years. There are no orders in his military personnel records awarding him the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received as a result of hostile action in the Republic of Vietnam on 28 February 1967; b. awarding him the Army Good Conduct...

  • ARMY | BCMR | CY2002 | 2002070836C070402

    Original file (2002070836C070402.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. Department of the Army Pamphlet 672-3 shows that the 1 st Battalion, 16 th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1967 – 16 October 1968 and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period October 1965 – 7 April1970. There is no evidence of record and the...

  • ARMY | BCMR | CY2007 | 20070009220

    Original file (20070009220.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 January 2008 DOCKET NUMBER: AR20070009220 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. There are no orders in the applicant's service personnel records that show he was awarded the Purple Heart. Therefore, the Board requests that the CMSD-St. Louis administratively correct the DD Form 214 for the...

  • ARMY | BCMR | CY2013 | 20130001954

    Original file (20130001954.txt) Auto-classification: Denied

    Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show a combat wound or injury. 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. Therefore, 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 evidentiary basis for awarding him...

  • ARMY | BCMR | CY2014 | 20140005094

    Original file (20140005094.txt) Auto-classification: Approved

    However, there are no orders or any other evidence in his military records that show he was recommended for or awarded the Silver Star. There is no evidence in his military records that shows he was awarded the Silver Star for action on 12 August 1968. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Vietnam Service Medal with four bronze service stars from his DD Form 214; b. awarding him the Purple...

  • ARMY | BCMR | CY2002 | 2002073696C070403

    Original file (2002073696C070403.rtf) Auto-classification: Approved

    The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Purple Heart, and the Expert Badge (Rifle M14). Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Since the record is also devoid of any evidence of disciplinary...

  • ARMY | BCMR | CY2014 | 20140013058

    Original file (20140013058.txt) Auto-classification: Denied

    The applicant requests award of the Purple Heart for injuries he sustained in Vietnam. His DD Form 214 for the period ending 27 December 1965 does not show award of the Purple Heart. _______ _ _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.

  • ARMY | BCMR | CY2005 | 20050017359C070206

    Original file (20050017359C070206.doc) Auto-classification: Approved

    Records show the applicant participated in three campaigns during his assignment in Vietnam. The applicant participated in three campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the first award of the Good Conduct Medal for the period 1 September 1966 through 14 August 1968;...