IN THE CASE OF:
BOARD DATE: 24 April 2012
DOCKET NUMBER: AR20110020409
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 reconsideration of an earlier request to add the Purple Heart to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states:
* he had shrapnel removed from his right hand on 27 April 1968
* he was wounded in the jungle during a firefight
* his unit had four men killed and a bunch were wounded
* he was presented with the Purple Heart in a formation by a company commander after he was treated for his wounds
3. The applicant provides a health record, dated 27 April 1968.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110001332 on 26 July 2011.
2. The applicant provides a health record, dated 27 April 1968, that shows he was treated for a small fragment wound to his right hand. The fragment was removed from his hand. The health record provided by the applicant is new evidence that will be considered by the board.
3. The applicant was inducted into the Army of the United States on 21 September 1967. He served as a light weapons infantryman assigned to Company E, 1st Battalion, 506th Infantry, in Vietnam from 28 March 1968 to 5 March 1969. On 19 September 1969, he was released from active duty in the temporary rank of specialist four after completing 1 year, 11 months, and 29 days of creditable active service with no lost time.
4. His DD Form 214 does not show the Purple Heart as an authorized award.
6. There are no orders for the Purple Heart in the available records.
7. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank and item 41 (Awards and Decorations) does not show the Purple Heart.
8. His name does not appear on the Vietnam casualty roster.
9. Army Regulation 600-8-22 (Military Awards) states 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 military personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant claims he was wounded in the jungle during a firefight in Vietnam and he was presented the Purple Heart. He provides a health record, dated 27 April 1968, that shows he was treated for a small fragment wound to his right hand. The fragment was removed from his hand.
2. Army Regulation 600-8-22 establishes basic requirements for the Purple Heart and all other awards. The Purple Heart requires:
* that the wound was the result of hostile action
* treatment of the wound by military medical personnel
* documentation of the wound in official records
3. There are no orders for the Purple Heart in the available records. There is no evidence of record and he provided no evidence that shows he was wounded or injured as a result of hostile action in Vietnam. Although the health record provided by the applicant shows he was treated for a small fragment wound to his right hand, it does not show he was wounded as a result of hostile action. Regrettably, there is an insufficient evidentiary basis to support adding the Purple Heart to his DD Form 214.
4. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20110001332, dated 26 July 2011.
__________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) AR20110020409
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110020409
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120007785
He submits an Army buddy statement, dated 26 September 2011, from a fellow Soldier at the time in question who attests: * He served with the applicant in Vietnam from February 1968 to February 1969 * They were in the same company and platoon for the entire year * He (fellow Soldier) received the CIB * Their company performed numerous combat assaults in Vietnam * The applicant spent well over 300 days in the field/jungle during their tour * The applicant earned the CIB within the first 4 days...
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 | CY2014 | 20140000727
There are no medical records in his official military personnel file that show he was wounded as a result of hostile action in Vietnam. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. The applicant's request for award of the Purple Heart has been carefully considered and it was determined that there is insufficient evidence to support his request.
ARMY | BCMR | CY2013 | 20130017857
The applicant states: * he was combat wounded in Vietnam * during a firefight in the jungles of Vietnam he sustained shrapnel wounds in the left forearm and left side of his head 3. The Purple Heart requires evidence to verify: * the wound was the result of hostile action * treatment of the wound by medical personnel * documentation of the wound in official records 3. In the absence of corroborating evidence showing he was injured and treated for wounds as a result of hostile action in...
ARMY | BCMR | CY2012 | 20120012827
The Purple Heart requires: * a wound as a result of hostile action * treatment of the wound by military medical personnel * documentation of the wound in official records 3. There is also no evidence in the available record that shows he was wounded as a result of hostile action in Vietnam. In the absence of corroborating evidence of record showing he was injured and treated for wounds as a result of hostile action in Vietnam, the health record provided by the applicant is not sufficient...
ARMY | BCMR | CY1995 | 9510708C070209
The applicant requests that his DD Form 214, Report of Transfer or Discharge, be corrected to reflect that he was awarded the Purple Heart. The applicants medical records reflect that on 21 June 1970 he reported to the battalion aid station supporting his unit in Vietnam for treatment of a fragment wound to his left hand. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.
ARMY | BCMR | CY2009 | 20090002864
There is no evidence in the available records which show that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. In the absence of orders or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action in Vietnam, the statements provided by the applicant are not sufficient as a basis for award of the Purple Heart. Even the applicant's former first sergeant only stated that the applicant...
ARMY | BCMR | CY2001 | 2001060579C070421
The applicant requests, in effect, that his records be corrected to show that he was discharged in the pay grade of E-5 instead of E-4, and that he was awarded two Purple Hearts and the Army Commendation Medal. He also requests corrections be made to his service medical records. The applicant’s medical records do not appear to be in error.
ARMY | BCMR | CY2008 | 20080009864
There are no orders or other evidence in the applicants military service records showing he was wounded on any other date than 7 December 1967, or that he was awarded any additional awards of the Purple Heart. The evidence or record further shows that General Orders were issued by the hospital commander awarding the applicant the Purple Heart (1st Award) for wounds received in action on 7 December 1967. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2010 | 20100000172
His service medical record shows that he did have a fragment removed from his right shoulder on 25 February 1970. The record of medical treatment showing he had a piece of shrapnel removed from his shoulder, as corroborated by contemporaneous letters he sent to his wife explaining the enemy origin of the wound, is accepted as sufficient evidence to show he met the eligibility criteria for award of the Purple Heart. As a result, the Board recommends that all Department of the Army records...