IN THE CASE OF:
BOARD DATE: 23 August 2012
DOCKET NUMBER: AR20120003525
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 his DD Form 214 (Report of Separation from Active Duty) failed to show award of the Purple Heart.
3. The applicant provided a copy of his DD Form 214, a self-authored statement, and a copy of a printout from the Houston Department of Veterans Affairs Medical Center (VAMC).
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 enlisted in the Regular Army on 4 March 1971. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 63B (Light-Wheel Vehicle Mechanic).
3. His records show he served in Vietnam with Headquarters Battery, 2nd Battalion, 11th Armored Cavalry Regiment and with Maintenance Company, 215th Combat Support Battalion, 3rd Brigade, 1st Cavalry Division from 1 October 1971 to 21 April 1972. He was honorably released from active duty on 3 May 1974.
4. His DD Form 214 does not show award of the Purple Heart.
5. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not reflect a combat wound or injury and item 41 (Awards and Decorations) does not show award of the Purple Heart.
6. The applicant's name does not appear on the Vietnam Casualty Roster for a wound received as a result of hostile action.
7. The Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to show that orders were published awarding the applicant the Purple Heart.
8. The applicant provided a self-authored statement in which he states, in effect, he received shrapnel to his forehead while serving in Vietnam moving from Fire Base Andrews. He indicated they were moving equipment to Blen Hoa and stopped in a small village to disengage the final drives on equipment. He had gotten down to disengage the final drives when 6 to 8 insurgents opened fire and green tracer rounds came flying all around him which bounced off the M-88 (large recovery vehicle). He then felt a horrible sting like burning on his forehead, and was informed by one of his troops that his head was bleeding.
9. He provided a copy of a printout from the Houston VAMC which identified a previous injury.
10. Army Regulation 600-8-22 (Military Awards) provides 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:
1. The applicant's contention he should be awarded the Purple Heart was carefully considered. However, there is insufficient evidence to grant him relief in this case.
2. The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by personnel, and the medical treatment must have been made a matter of official record.
3. The printout from the VAMC identified a previous injury.
4. The applicant's name is not listed on the Vietnam Casualty Roster. As a result, absent evidence the injury received by the applicant was the result of enemy action and required treatment the regulatory burden of proof necessary to support award of the PH has not been satisfied.
5. This action in no way diminished the sacrifices made by the applicant 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) AR20120003525
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120003525
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2006 | 20060011760
The applicant requests, in effect, reconsideration of his earlier request to the Army Board for Correction of Military Records (ABCMR) that he be awarded the Purple Heart. The applicant's new argument, as stated in his request, is that he should be awarded the Purple Heart for a wound sustained in 1967, in Phu Bai, Vietnam, during a mortar attack. However, there is no evidence, and the applicant has provided none, to show that he sustained a wound in 1967, in Vietnam, during a mortar...
ARMY | BCMR | CY2009 | 20090013690
He was never awarded the Purple Heart for the injuries he suffered during this crash. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 2 February 1969; a copy of his original Veterans Administration (VA) disability compensation; an internet printout, dated 21 May 2009, regarding a helicopter crash; and another internet printout, dated 21 May 2009, of the Vietnam Helicopter Pilot Association, in support of his...
ARMY | BCMR | CY2008 | 20080007234
The applicant states that he was wounded in the Republic of Vietnam, but was not awarded the Purple Heart due to the tactical situation at the time. The applicant contends that he is entitled to correction of his records to 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.
ARMY | BCMR | CY2008 | 20080019257
The fact that the applicant provided his medical record from the Salisbury VAMC that states a mortar exploded close by him and he had shrapnel injuries to the left ankle is not sufficient evidence to conclude that he is entitled to the award of the Purple Heart. There are no medical records available which show that the applicant was wounded or treated for wounds as a result of hostile action during his service in Vietnam. In the absence of such evidence, there is insufficient basis for...
ARMY | BCMR | CY2012 | 20120001835
The applicant states he is requesting award of the Purple Heart for injuries he received resulting from an engagement by hostile forces on 10 April 1971 at the enlisted men's club, Vietnam, during a grenade attack. There is no evidence of record and the applicant did not provide any evidence that shows he was awarded the Purple Heart. Notwithstanding the applicant's sincerity, in the absence of documentation that conclusively shows he was wounded or injured as a result of enemy action or...
ARMY | BCMR | CY2009 | 20090021103
Therefore, the preponderance of evidence in this case is sufficient to award the applicant the Purple Heart for wounds received on 16 July 1970 in the Republic of Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the: * Purple Heart for wounds received on 16 July 1970 in the Republic of Vietnam * Army Good Conduct Medal for the period 19 November 1968 to 28 October 1970 2. The Board also...
ARMY | BCMR | CY2011 | 20110010580
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 AR20100022457 on 8 March 2011. Additionally, his records do not contain official orders awarding him the Purple Heart. While the applicant's medical records clearly show he was medically evacuated, admitted to various hospitals, and underwent treatment for perforated ears, there is...
ARMY | BCMR | CY2009 | 20090003488
The applicants records show he served in the Republic of Vietnam from on or about 5 December 1967 to on or about 26 November 1968. In the absence of documentation that shows he was wounded as a result of "friendly fire" in the "heat of battle" as long as the "friendly" projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment or that he was wounded or injured as a result of hostile action and treated for those wounds, there is...
ARMY | BCMR | CY2009 | 20090003778
The rating decision states the applicant had been treated for a wound he sustained to his left knee in February 1969. The applicant was wounded a second time in the left knee, in February 1969. While the evidence shows he received treatment by medical personnel for a wound that he sustained to his left knee, there is no evidence that shows he was wounded as a result of hostile action.
ARMY | BCMR | CY2010 | 20100008093
There are no orders in the applicant's service personnel records which show he was awarded the Purple Heart. General Orders Number 4590, Headquarters, 1st Cavalry Division (Airmobile), dated 11 June 1968, announced award of the Army Commendation Medal (ARCOM) to the applicant for his service in Vietnam during the period July 1967 to July 1968. Army Regulation 15-185 (Army Board for Correction of Military Records) states the ABCMR is not an investigative body and decides cases based on the...