Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120006319
Original file (20120006319.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  13 September 2012

		DOCKET NUMBER:  AR20120006319 


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, through his congressman, requests reconsideration of his request to be awarded the Purple Heart (PH).

2.  The applicant states he found hospital records dated 13 May 1968 from the 6th Convalescent Center, Cam Ranh Bay, Republic of Vietnam (RVN) that show an injury received from hostile enemy fire which proves he is entitled to the PH.

3.  The applicant provides:

* Letter to Member of Congress from the U.S. Army Human Resources Command (HRC), Awards Branch 
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DA Form 8-275-3 (Clinical Record Cover Sheet) 

CONSIDERATION OF EVIDENCE:

1.  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 AR2003083502 on 12 June 2003.

2.  The applicant provides a DA Form 8-275-3, which is new evidence that warrants reconsideration.

3.  The applicant's DD Form 214 shows he was inducted into the Army of the United States on 28 June 1967.  He was awarded military occupational specialty (MOS) 13A (Field Artillery Basic).  

4.  The applicant provides a DA Form 8-275-3 dated 22 May 1968 which indicates he was hospitalized at the 6th Convalescent Center,  APO 96377 for wounds received in action by hostile fire on 11 May 1968.  It also indicates the 6th Convalescent Center did not award him a PH.

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the PH 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 a medical officer, and the medical treatment must have been made a matter of official record.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s argument that he is entitled to correction of his records to show award of the PH has been carefully considered and found to have merit.

2.  Army medical records show the applicant was wounded while engaging the enemy, he required medical treatment, and it was made a matter of record.  Therefore, he is entitled to correction of his records to show award of the PH.

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR2003083502, dated 12 June 2003.  As a result, the Board recommends that all Department of the 

Army records of the individual concerned be corrected by awarding him the PH for being wounded in action on 11 May 1968 in the RVN, and adding this award to his DD Form 214.



      _______ _   __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)                                         AR20120006319





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120006319



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2011 | 20110016188

    Original file (20110016188.txt) Auto-classification: Approved

    Although he was wounded in Vietnam and medical records indicate he was awarded a PH, he never received the PH, and it was never annotated on his DD Form 214, or placed in his records. A GSA Form 6932, dated 28 September 1972, stated clinical records between 1969 to 1970 for the 6th Convalescent Center and the 196th Hospital did not contain records for the applicant. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....

  • ARMY | BCMR | CY2011 | 20110002451

    Original file (20110002451.txt) Auto-classification: Denied

    A review of the applicant's military personnel record failed to reveal any evidence he was authorized or awarded the Purple Heart. The applicant contends his medical record should be corrected to delete the reference to "old injury" and he should be awarded the Purple Heart because he was wounded while serving in the RVN when he sustained a perforated tympanic membrane of his right ear from a loud explosion. There is no evidence of record, and the applicant provides insufficient evidence,...

  • ARMY | BCMR | CY2013 | 20130005166

    Original file (20130005166.txt) Auto-classification: Denied

    Item 40 (Wounds) of this form would have listed any combat injuries and the date. These are: a. DA Form 8-275-3, dated 22 April 1966, shows he was admitted to the 106th General Hospital on 19 March 1966 after being transferred from the 85th Evacuation Hospital due to vertigo, caused by a blast and deafness in both ears. Therefore, regrettably, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those...

  • ARMY | BCMR | CY2008 | 20080003597

    Original file (20080003597.txt) Auto-classification: Denied

    During its original review of the case, the Board found insufficient evidence to show the applicant was ever wounded as a result of enemy action while serving in the RVN, or that he was ever recommended for or awarded the PH by proper authority while serving in the RVN. However, by regulation, 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. In addition, since the applicant was clearly...

  • ARMY | BCMR | CY2015 | 20150004142

    Original file (20150004142.txt) Auto-classification: Denied

    In his request for reconsideration, he stated: * he sustained a concussion in Vietnam and was sent to Japan to recover from this concussion * he was not sent back to Vietnam because of the medical issues with hearing loss, headaches, and post-traumatic stress disorder (PTSD) which are all service-connected * he was given a permanent physical profile and upon returning stateside, he was assigned to supply, then finance, then special services * he was also treated at Fort Meade, MD for ears,...

  • ARMY | BCMR | CY2009 | 20090004548

    Original file (20090004548.txt) Auto-classification: Denied

    BOARD DATE: 30 July 2009 DOCKET NUMBER: AR20090004548 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). There is no evidence in the applicant’s military personnel records that shows he was wounded as a result of hostile action; his DA Form 20 does not list the Purple Heart in item 41; the applicant's name is not listed on the Vietnam Casualty Roster; and there are no orders in the applicant’s...

  • ARMY | BCMR | CY2011 | 20110012281

    Original file (20110012281.txt) Auto-classification: Denied

    The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service): Vietnam from 2 August 1966 through 5 August 1967; b. item 38 (Record of Assignments): Company A, 5th Battalion, 7th Cavalry, 1st Air Cavalry Division (Airmobile), from 20 August 1966 through 2 August 1967; c. item 40 (Wounds): contains no entries; and d. item 41 (Awards and Decorations) no listing of the Purple Heart. A review of the applicant's military personnel records failed to reveal any...

  • ARMY | BCMR | CY2009 | 20090005665

    Original file (20090005665.txt) Auto-classification: Approved

    Paragraph 2-13 of the awards regulation contains guidance on award of the VSM and states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN. The evidence of record is void of any entries or documents that indicate the applicant was ever wounded in action or treated for a combat related wound or injury by military medical personnel, or that he was ever awarded the PH by proper...

  • ARMY | BCMR | CY2009 | 20090005521

    Original file (20090005521.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 18 August 2009 DOCKET NUMBER: AR20090005521 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Item 21 (Awards and Decorations) of the applicant's DA Form 66 contains an entry indicating he was awarded the PH in Headquarters, 6th Convalescent Center General Orders (GO) Number (#) 22, dated 8 August 1969, and that he also earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), RVN Campaign Medal (RVNCM) with 60 Device, and Army Commendation...

  • ARMY | BCMR | CY2009 | 20090017726

    Original file (20090017726.txt) Auto-classification: Approved

    The applicant requests award of the Purple Heart (PH) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award. DAGO Number 8, dated 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973. Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation __________X_____________ CHAIRPERSON I certify...