Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120003128
Original file (20120003128.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:  26 July 2012

		DOCKET NUMBER:  AR20120003128 


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 military records to show award of the Purple Heart for wounds received in the Republic of Vietnam (RVN).

2.  The applicant states he was wounded around June 1969 in the province of Phu Yen, RVN.  He was assigned to A Battery, 1st Field Forces and was wounded in the right hand by amputation of his two middle fingers which were later reattached.  He was never awarded the Purple Heart.

3.  The applicant provides no additional documentation.

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.  On 5 August 1968, the applicant was inducted into the Army of the United States  He completed his initial training and was awarded military occupational specialty 13B (Field Artillery Crewman).

3.  On 16 January 1969, the applicant departed Fort Sill, OK for duty in the RVN.

	a.  On 2 February 1969, he was assigned for duty with A Battery, 6th Battalion, 32nd Artillery Regiment.

	b.  On 9 March 1970, he departed the RVN.

4.  On 11 March 1970, the applicant was released from active duty.  He had attained the rank of sergeant, pay grade E-5 and had completed 1 year, 
7 months, and 17 days of creditable active duty.

5.  The applicant's DD Form 214 indicates his awards were:

* National Defense Service Medal
* RVN Vietnam Campaign Medal
* Vietnam Service Medal
* Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

6.  The applicant’s name is not listed on the Vietnam Casualty Roster.
	
7.  Item 40 (Wounds) of the applicant’s DA Form 20 (Record Enlisted Qualification) is blank.

8.  The applicant's service medical records are not available for review.

9.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Purple Heart.   ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command.

10.  Army Regulation 600-8-22 provides for award of the Purple Heart to a member of the Armed Force of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the United States.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  There are no available general orders showing the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster. Item 40 of his DA Form 20 does not show a record of any wounds received in action.

2.  The applicant has not provided any information about the circumstances surrounding the lost and subsequent reattachment of his fingers.  There is no available evidence indicating that this injury was the direct result of enemy action in the RVN.

3.  In view of the above, the applicant's request should be denied.

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)                                         AR20120003128





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120003128



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100008907

    Original file (20100008907.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Valorous Unit Award (VUA) and a second Purple Heart (PH) for his actions on 6 May 1969. There is no record of these wounds. However, there is no available evidence showing the applicant was wounded as a result of hostile action on 6 May 1969, or that he received medical treatment for any such wounds.

  • ARMY | BCMR | CY2009 | 20090014545

    Original file (20090014545.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). In his request the applicant claims he injured his back on an unknown date in July of 1970 in the RVN, and he provides a letter from a comrade that was written more than 22 years later in support of his request. _________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 | CY2011 | 20110013157

    Original file (20110013157.txt) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards): a. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal for the period 30 August 1968 to 13 June 1970; b. deleting from Item 24 of his DD...

  • ARMY | BCMR | CY2013 | 20130000790

    Original file (20130000790.txt) Auto-classification: Denied

    The applicant requests correction of his military records to show award of the Purple Heart for wounds received in the Republic of Vietnam (RVN). The applicant contends that his military records should be corrected to show award of the Purple Heart for wounds received in the RVN. The email provided by the applicant states he was wounded by enemy shrapnel during an attack but that his wounds never required medical treatment and healed over time.

  • ARMY | BCMR | CY2011 | 20110010493

    Original file (20110010493.txt) Auto-classification: Approved

    There are no general orders in his service personnel records that show he was awarded the Purple Heart. During the Vietnam War, U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Army Good Conduct Medal (1st Award) for the period 21 May 1968 through...

  • ARMY | BCMR | CY2008 | 20080010127

    Original file (20080010127.txt) Auto-classification: Denied

    The applicant served in the Republic of Vietnam (RVN) from 26 June 1970 through 12 April 1971. 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. 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.

  • ARMY | BCMR | CY2013 | 20130003513

    Original file (20130003513.txt) Auto-classification: Approved

    The applicant's DD Form 214: a. lists his awards as: * "EXPERT (BADGE RIFLE)" * GOOD CONDUCT MEDAL * VIETNAM SERVICE MEDAL b. shows in the Statement of Service Block that he served 5 months and 19 days in the United States Army Pacific (USARPAC); and c. the Remarks block does not contain the dates of his service in the RVN. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of...

  • ARMY | BCMR | CY2009 | 20090015004

    Original file (20090015004.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). Item 40 (Wounds) of the applicant's DA Form 20 is blank and the PH is not included in the list of awards entered in item 41 (Awards and Decorations). However, by regulation, in order to support award of the PH, there must be evidence that the member was wounded/injured as a result of enemy action, the wound must have required treatment by medical personnel, and a record of the medical treatment...

  • ARMY | BCMR | CY2011 | 20110004528

    Original file (20110004528.txt) Auto-classification: Denied

    It states the PH is awarded to members wounded in action. The applicant's record is void of any entries or documents corroborating his claim that he was wounded in action in the RVN or that show he was ever treated for a combat-related wound by medical personnel while serving in the RVN. The applicant's record is void of any documents or orders indicating he was ever recommended for or awarded the AM by proper authority during his active duty tenure and there are no AM orders for the...

  • ARMY | BCMR | CY2010 | 20100025763

    Original file (20100025763.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Commendation Medal (ARCOM) with "V" Device, Combat Medical Badge (CMB), and two awards of the Purple Heart. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN. Therefore, there is insufficient evidence on which to base correcting his DD Form 214 to show a...