IN THE CASE OF:
BOARD DATE: 15 May 2012
DOCKET NUMBER: AR20110023401
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the Purple Heart.
2. The applicant states he was wounded in combat during an ambush operation in Vietnam in Summer-Fall 1970.
3. The applicant provides no additional evidence.
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 on 14 May 1969 for a period of 2 years. He served as a light weapons infantryman in Vietnam from 15 October 1969 to 9 October 1970. On 13 May 1971, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
3. His DD Form 214 does not show the Purple Heart as an authorized award.
4. There are no orders for the Purple Heart in the available records.
5. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.
6. Item 41 (Awards and Decorations) of his DA Form 20 does not show the Purple Heart.
7. A review of the Adjutant General's Office Casualty Division's Vietnam casualty list does not show the applicant's name as a casualty.
8. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 pertaining to the applicant.
9. 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. Substantiating evidence must be provided to verify 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. The applicant contends he was wounded in combat in Vietnam in 1970.
2. Army Regulation 600-8-22 establishes basic requirements for the Purple Heart and all other awards. The Purple Heart requires:
* the wound was the result of hostile action
* treatment of the wound by military medical personnel
* documentation of the wound in official records
* orders awarding the decoration
3. There is no evidence of record and the applicant did not provide any evidence that shows he was wounded or injured as a result of hostile action in Vietnam. He is not listed on the Vietnam casualty list or in ADCARS and there are no orders for the Purple Heart in the available records.
4. In view of the foregoing, there is an insufficient evidentiary 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 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) AR20110023401
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110023401
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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 | CY2012 | 20120008593
The applicant states he was wounded three times in Vietnam, but his Purple Heart decorations are not listed on his DD Form 214. Army Regulation 600-8-22 (Military Awards) provides the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. The applicant's record is void of any evidence and he did not provide any evidence that show he was injured as a result of enemy action, his wounds were treated by medical personnel, and the...
ARMY | BCMR | CY2014 | 20140009878
The applicant requests correction of his record to show award of the Purple Heart for injuries he received in Vietnam. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 38 (Record of Assignments) he was assigned to the 515th Transportation Company from 1 October 1969 to 22 September 1970; b. item 40 (Wounds) is blank; and c. item 41 (Awards and Decorations) does not show award of the Purple Heart. It states the Purple Heart is awarded to members wounded in action and states...
ARMY | BCMR | CY2008 | 20080007233
The applicant provides: a. The Vietnam Casualty List shows that LT John B***er was killed in action on 2 May 1970 while serving as a platoon leader with Company B, 4th battalion, 31st Infantry; and c. The applicant's DA Form 20 shows that, on/about 30 April 1970, the applicant changed duty assignment from a rifleman to an RTO. Awarding him the Presidential Unit Citation by Department of the Army General Order Number 42, dated 1971; c. Deleting the Vietnam Service Medal from his DD Form...
ARMY | BCMR | CY2014 | 20140003549
The applicant's record shows he was inducted into the Army of the United States on 23 July 1969. It states the Purple Heart is awarded to members wounded in action and states that in order to award the Purple Heart, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record. There is no evidence in his...
ARMY | BCMR | CY2009 | 20090009558
The applicant states that he was wounded and awarded the Purple Heart in Vietnam and it is not reflected on his DD Form 214. There are no orders in the applicant's military personnel records awarding him the Purple Heart. There is no evidence, and the applicant has provided none, to show he was wounded as a result of hostile action.
ARMY | BCMR | CY2011 | 20110011846
The applicant requests correction of his records to show award of the Purple Heart. He left Vietnam shortly thereafter and tried to forget about that terrible day. His records do not contain any evidence that indicate he was ever awarded the Purple Heart.
ARMY | BCMR | CY2013 | 20130005666
Application for correction of military records (with supporting documents provided, if any). There are no medical records in his official military personnel file that show he was wounded as a result of hostile action in Vietnam. The applicant's request for awarded the Purple Heart has been carefully considered and it was determined that there is insufficient evidence to support his request.
ARMY | BCMR | CY2012 | 20120014656
Witness statements by themselves are not sufficient evidence upon which to award him the Purple Heart. There is no evidence in his service personnel records which shows he was wounded or injured as a result of hostile action or treated for such wounds. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
ARMY | BCMR | CY2011 | 20110021441
He was wounded in Vietnam. The applicant provides: * orders awarding him the Purple Heart * orders revoking the Purple Heart CONSIDERATION OF EVIDENCE: 1. Therefore, in the absence of evidence showing he was wounded as result of hostile action, the wound required treatment by medical personnel, and the medical treatment was made a matter of official record there is an insufficient basis to award the Purple Heart in this case.