IN THE CASE OF:
BOARD DATE: 24 April 2012
DOCKET NUMBER: AR20110020184
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 he believes the fragment wound to his right leg combined with the 7-day stay at the 3rd Field Hospital in Saigon, Vietnam, was overlooked.
3. The applicant provides:
* Department of Veterans Affairs rating decision
* Clinical record cover sheet
* Abbreviated clinical record
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's records show he enlisted in the Regular Army on 21 October 1969 and he held military occupational specialty 11B (Light Weapons Infantryman). He served in Vietnam from 9 July 1970 to 17 April 1971. He was assigned to B Company, 1st Battalion, 27th Infantry.
3. Medical records show on 2 March 1971, he was hit by fragments from a B-40 round. He was admitted to the 3rd Field Hospital in Saigon, Vietnam. He underwent debridement and irrigation of his wound and he was released to duty on 9 March 1971.
4. He underwent a separation physical on 2 July 1971 at Fort Riley, KS. The military doctor indicated in item 74 (Summary of Defects and Diagnosis) of his Standard Form 88 (Report of Medical Examination) that he suffered a fragment wound to the right calf in Vietnam.
5. He was honorably released from active duty on 20 October 1971. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) did not list award of the Purple Heart.
6. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not reflect a combat wound.
7. His records do not contain general orders which authorized him award of the Purple Heart. Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart.
8. His name is not shown on the Vietnam casualty roster.
9. 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.
10. He applied for award of the Purple Heat to the U.S. Army Human Resources Command (HRC) but after a review of the Vietnam era historical records of the 1st Battalion, 27th Infantry, HRC officials could not find official orders awarding him the Purple Heart. However, he was issued a DD Form 215 (Correction to DD Form 214) that added other awards as well as his correct dates of service in Vietnam.
11. 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:
Medical records show the applicant was wounded in action in Vietnam on
2 March 1971 when he was hit with a fragment wound to his right leg and he was treated at the 3rd Field Hospital in Vietnam. Therefore, he is entitled to award of the Purple Heart and correction of his records to show it.
BOARD VOTE:
___X____ ___X ___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart for wounds received in action on 2 March 1971 and adding it to his DD Form 214.
_______ _ 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) AR20110020184
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110020184
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080005955
Item 41 (Awards and Decorations) of the applicant's several DA Forms 20 do not show award of the Purple Heart. In the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case. XXX _______________________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2009 | 20090008953
He states that he was among the wounded. The available evidence also shows the applicant was awarded the Purple Heart for wounds received as a result of being hit by nails from a claymore on 11 April 1969. Evidence of record shows that although he received orders for a Purple Heart for wounds received on 4 August 1969 while assigned to the 12th Evacuation Hospital there is no evidence of record nor did the applicant provide any evidence which shows he was wounded on 4 August 1969.
ARMY | BCMR | CY2004 | 2004104598C070208
The medical reports that the applicant submits with his request show that he was being treated for problems with his left knee. On one report, his physician indicated that the applicant had stated that he had a history of shrapnel wounds in the left hand, and had previous shrapnel wounds to his tibia. The applicant's statement that he was immediately evacuated to Japan, thus orders were never issued for award of the Purple Heart, is not consistent with the evidence of record.
ARMY | BCMR | CY2011 | 20110012969
A review of the applicant's military personnel records failed to reveal any evidence he was authorized or awarded the Purple Heart. On 12 March 2002, the applicant submitted a DD Form 149 (Application for Correction of Military Record) to the ABCMR requesting award of the Purple Heart. The medical records the applicant provides show he was initially seen by medical personnel on 21 November 1969 for a foreign body in the lower third of his left leg.
ARMY | BCMR | CY2014 | 20140004505
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2011 | 20110023899
This document shows the applicant's unit, 2nd Battalion, 27th Infantry, at the time of his assignment was awarded the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 June 1968 to 31 July 1970 by Department of the Army General Orders (DAGO) Number 48, dated 1971 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 51, dated 1971 11. However, evidence shows he sustained a gunshot wound to the right chest on 12 May 1968 as a...
ARMY | BCMR | CY1996 | 9606302C070209
Army Regulation 600-8-22 also provides that the Silver Star is awarded for gallantry in action against the enemy. There is no evidence, and the applicant has not provided any which confirms he was ever recommended for, or awarded the Silver Star during either of his tours of duty in Vietnam. That all of the Department of the Army records related to this case be corrected: a. by showing that the individual concerned was awarded the Purple Heart for wounds sustained as a result of hostile...
ARMY | BCMR | CY2007 | 20070017914
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 March 2008 DOCKET NUMBER: AR20070017914 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. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); his general orders awarding him the Purple Heart; and two documents showing he was wounded, on 24...
ARMY | BCMR | CY2008 | 20080018346
The evidence of record shows that the applicant completed a qualifying period of service for award of the Good Conduct Medal. Evidence of record shows the applicant participated in three campaigns during his service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the Vietnam Service Medal; b. awarding the applicant the Purple Heart for wounds received as a result...
ARMY | BCMR | CY2012 | 20120005454
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 evidence he was awarded the Purple Heart. The medical records that the applicant provides show he was wounded in action on 9 June 1969 when he sustained injuries to his neck and right elbow and a fragment wound to his left hip.