Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110021998
Original file (20110021998.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  24 April 2012

		DOCKET NUMBER:  AR20110021998 


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 (PH).

2.  The applicant states:

   a.  he was wounded on 9 April 1968, but never received the PH; and
   
   b.  he is sure the medic did what he was required to do but somehow the PH request was lost in processing.
   
3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 was inducted into the Army of the United States on 26 September 1967.  He was trained in and served in military occupational specialty 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 12 March 1968 to 8 March 1969.  Item 40 (Wounds) contains no entries.

4.  The applicant's record does not include any medical treatment records showing he was treated for a combat-related wound or injury while serving in the RVN.

5.  On 30 June 1969, the applicant was honorably released from active duty after completing 1 year, 9 months, and 5 days of creditable active duty service.  The DD Form 214 issued him at that time does not list the PH.

6.  During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty roster.  There is no entry pertaining to the applicant in this list of RVN casualties.

7.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the PH.  ADCARS is 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.

8.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH.  It states that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the PH.  There is insufficient evidence to support this claim.

2.  By the applicant's own admission, he was wounded on 9 April 1968; however he does not indicate any of the details of this wounding whether it was by enemy during hostile action, accidental, by friendly fire, or otherwise.  Furthermore, he has not provided any other documentary evidence confirming the events or circumstances surrounding how he sustained his wound.
3.  Item 40 of the applicant's DA Form 20 is blank.  The applicant's name is not included on the Vietnam Casualty Roster, the official DA list of RVN battle casualties.  Absent evidence to corroborate that he was wounded as a result of enemy action and that he was treated for those wounds by military medical personnel while serving in the RVN the evidence is insufficient and the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.

4.  The applicant and all others concerned should know that this action related to award of the PH in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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)                                         AR20110021998





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110021998



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2008 | 20080013208

    Original file (20080013208.txt) Auto-classification: Denied

    However, by regulation, in order to support award of the PH, there must be evidence confirming that the wound for which the award is being made was received as a direct result of or was caused by enemy action, that the wound required treatment by military medical personnel, and a record of this treatment must have been made a matter of official record. In addition, there are no medical treatment records on file confirming he was ever treated for a combat related wound or injury, and his...

  • ARMY | BCMR | CY2008 | 20080009487

    Original file (20080009487.txt) Auto-classification: Denied

    It states, in pertinent part, that in order to award a PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that it required treatment by military medical personnel, and a record of this treatment must have been made a matter of official record. Further, the applicant's DD Form 214 does not include the PH in the list of authorized awards listed; his name is not included on the Vietnam Casualty Roster, the official DA list of...

  • ARMY | BCMR | CY2008 | 20080012338

    Original file (20080012338.txt) Auto-classification: Denied

    He now requests award of the PH for this combat-related injury. The applicant’s record is void of orders or other documents that indicate he was ever wounded in action, or awarded the PH. The evidence of record provides no indication that the applicant was ever wounded in action, or that he was ever treated for a combat-related wound or injury by military medical personnel.

  • ARMY | BCMR | CY2009 | 20090020422

    Original file (20090020422.txt) Auto-classification: Denied

    The evidence of record is void of any documents or orders that indicate the FSM was ever wounded in action or that he was ever awarded the PH by proper authority while serving on active duty. Absent any evidence of record to corroborate the applicant's claim that the FSM was wounded in action while serving in the RVN, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case. ____________X___________ CHAIRPERSON I certify that herein is...

  • ARMY | BCMR | CY2008 | 20080015820

    Original file (20080015820.txt) Auto-classification: Denied

    However, by regulation, in order to support award of the PH, there must be evidence that a member was wounded or injured as a direct result of or was caused by enemy action, that the wound required treatment by military medical personnel, and a record of this treatment must have been made a matter of official record. Absent any evidence of record to corroborate an injury/wound which the applicant received as a result of enemy action, or that confirms he was wounded in action in the RVN...

  • ARMY | BCMR | CY2009 | 20090012221

    Original file (20090012221.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). It states, in pertinent part, that in order to support award of the PH, there must be evidence that the wound for which the award is being made was received as a result of enemy action; that it required treatment by military medical personnel; and this medical treatment must have been made a matter of official record. By regulation, in order to support award of the PH there must be evidence that...

  • ARMY | BCMR | CY2009 | 20090006778

    Original file (20090006778.txt) Auto-classification: Denied

    Item 40 of the applicant's DA Form 20 is blank, which indicates he was never wounded in action, and the PH is also not included in the list of awards contained in Item 41. As a result, absent any evidence of record confirming the applicant was wounded in action or treated for a combat-related wound while serving in the RVN, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case 3. In order to justify correction of a military record the...

  • ARMY | BCMR | CY2008 | 20080008369

    Original file (20080008369.txt) Auto-classification: Denied

    Absent any evidence that the applicant's gunshot wound was a result of enemy action, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. _______ x_ _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the...

  • ARMY | BCMR | CY2011 | 20110022015

    Original file (20110022015.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant provides a statement indicating: * He was a member of the 101st Airborne * He was deployed to the RVN and served one year * He was wounded by shrapnel in the right hand * He later reinjured his hand and it became infected * He was medical evacuated to the rear for treatment * He was once again offered a PH which he declined 8. It states the PH is awarded to members wounded in action.

  • ARMY | BCMR | CY2009 | 20090005996

    Original file (20090005996.txt) Auto-classification: Denied

    The applicant's DA Form 20 contains an entry in item 38 that shows the applicant served in an infantry MOS in an infantry unit for a little over 3 months while he was serving in the RVN. As a result, absent any evidence of his personal participation in active ground combat with his qualifying infantry unit while serving as an infantryman, the regulatory requirements necessary to support award of the CIB have not been met in this case. Item 41 of his DA Form 20 does not include the PH in...