IN THE CASE OF:
BOARD DATE: 30 August 2012
DOCKET NUMBER: AR20120004525
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 the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states:
* He was injured while serving in Vietnam
* He was told he was eligible for the Purple Heart but he never received it
3. The applicant provides:
* Discharge orders
* DD Form 214
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 was inducted into the Army of the United States on 11 March 1964. He served as a field artillery basic crewman in Vietnam from 10 November 1965 to 25 February 1966. On 25 February 1966, he was honorably released from active duty and transferred to the U.S. Army Reserve 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 20 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.
6. His name is not listed on the Vietnam casualty roster.
7. 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 United States Army Human Resources Command, failed to reveal any orders for award of the Purple Heart.
8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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 contends he was injured while service in Vietnam.
2. Army Regulation 600-8-22 establishes basic requirements for the Purple Heart and all other awards. The Purple Heart requires:
* a wound 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.
4. There is no evidence in the available record that shows he was wounded as a result of hostile action in Vietnam. Therefore, there is insufficient evidence on which to base award of the Purple Heart in this case.
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) AR20120004525
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120004525
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130004280
Application for correction of military records (with supporting documents provided, if any). There is no evidence in the available records which shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. Since there is no evidence in the available records that shows he was wounded as a result of hostile action in Vietnam, there is insufficient evidence to support award of the Purple Heart.
ARMY | BCMR | CY2010 | 20100026210
He served a second tour of duty in Korea from 25 September 1970 through 14 August 1971. His record is void of any orders that show he was awarded the Purple Heart, his name is not shown on the Vietnam casualty listing, his DA Form 20 does not indicate any combat wounds, and his available medical records do not reflect a combat wound/injury or treatment for such wound/injury. Notwithstanding his and his comrade's sincerity, in the absence of official documentary evidence such as operation...
ARMY | BCMR | CY2014 | 20140004174
Item 40 (Wounds) of his DA Form 20 does not show any wounds or injuries. There is no evidence in the available records that shows he was wounded as a result of hostile action in Vietnam. Regrettably, the DA Forms 1594 are insufficient evidence to support award of the Purple Heart in this case.
ARMY | BCMR | CY2009 | 20090006446
The applicant's records show he enlisted in the Regular Army for a period of 3 years on 19 August 1964. The applicant's medical records are not available for review with this case. Absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile action, and more particularly that he was treated by medical personnel for those wounds or injuries and that this treatment was made a matter of official record, there is an insufficient basis for...
ARMY | BCMR | CY2014 | 20140002547
Application for correction of military records (with supporting documents provided, if any). The Purple Heart requires evidence to verify: * a wound was the result of hostile action * treatment of the wound by military medical personnel * documentation of the wound in official records 3. Regrettably, in the absence of corroborating evidence showing he was wounded as a result of hostile action in Vietnam, the statements provided by the applicant are not sufficient as a basis for awarding...
ARMY | BCMR | CY2010 | 20100022769
On 6 December 1967, he was transferred to Vietnam with his unit. He completed 3 years, 4 months, and 8 days of active service. In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust.
ARMY | BCMR | CY2009 | 20090008350
The applicant requests correction of his records to show award of the Purple Heart. While the applicant contends he was wounded and his commander told him that he had recommended him for award of the Purple Heart, there is no evidence in his available military personnel records nor any corroborating evidence which shows he was wounded or injured as a result of hostile action or he was recommended for or awarded the Purple Heart. In the absence of evidence that shows the applicant was...
ARMY | BCMR | CY2009 | 20090003908
Item 24 does not show award of the Purple Heart. Therefore, there is insufficient evidence to support an award of the Purple Heart in this case. ___________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 | CY2013 | 20130011421
Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained as a result of hostile action. Notwithstanding his contention and his sincerity, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case. Therefore, there is insufficient evidence to award of the Purple Heart...
ARMY | BCMR | CY2009 | 20090014929
Application for correction of military records (with supporting documents provided, if any). The applicant contends his DD Form 214 should be corrected to show three awards of the Purple Heart, the Bronze Star Medal, and his correct rank. Therefore, in the absence of additional documentation that conclusively shows he 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.