IN THE CASE OF:
BOARD DATE: 9 October 2012
DOCKET NUMBER: AR20120006551
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 he was wounded.
3. The applicant did not provide any 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 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 10 July 1963 and he held military occupational specialty 111.10 (Light Weapons Infantryman), later designated as 11B. He served in Korea from January 1964 to February 1965.
3. He was honorably discharged from active duty on 8 April 1965 for the purpose of immediate reenlistment in the Regular Army. He completed 1 year, 8 months, and 29 days of creditable active service.
4. He reenlisted in the Regular Army for 4 years on 9 April 1965 and subsequently served in Germany from June 1965 to January 1966.
5. He also served in Vietnam from on or about 10 March 1966 to on or about 9 March 1967. He was assigned to the 2nd Battalion, 18th Infantry, 1st Infantry Division.
6. He was discharged from active duty with a general discharge on 10 January 1969. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not list the Purple Heart.
7. Nothing in six typical sources confirm he was wounded in action and/or treated for a combat injury/wound:
* Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not reflect a combat wound or injury
* Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart.
* His records do not contain general orders authorizing him award of the Purple Heart
* His name is not shown on the Vietnam casualty roster
* His medical records are not available for review with this case
* A review of the Awards and Decorations Computer Assisted Retrieval System - an index of general orders issued during the Vietnam era between 1965 and 1973 and maintained by the U.S. Army Human Resources Command - failed to reveal Purple Heart orders for him
8. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and 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 criteria for 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 medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.
2. The applicant's service record is void of any evidence that shows he was wounded or injured as a result of combat. His name is not listed on the Vietnam casualty roster and his DA Form 20 does not indicate he received a combat related wound. Additionally, his medical records, which are necessary to confirm that treatment was required, are not available for review.
3. Notwithstanding the applicant's 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.
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) AR20120006551
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120006551
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110017879
The applicant's service record is void of any orders that show he was awarded the Purple Heart or that he was wounded or injured as a result of combat. The VA letter he provides states that he was awarded service-connected disability compensation for a scar to the left chest; however, this document does not prove he suffered a combat injury as a result of hostile action or that he required or received treatment for it. Notwithstanding the applicant's contention and sincerity, in the...
ARMY | BCMR | CY2010 | 20100008605
Application for correction of military records (with supporting documents provided, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicants self-authored statement and eyewitness statements are new evidence that warrant consideration by the Board.
ARMY | BCMR | CY2012 | 20120003961
The applicant provides: * DD Form 214 * Department of Veterans Affairs (VA) medical records CONSIDERATION OF EVIDENCE: 1. 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. Notwithstanding the applicant's contention and his sincerity, in the absence of documentation that conclusively shows he was wounded or...
ARMY | BCMR | CY2013 | 20130000497
The applicant provides: * extracts of his medical and dental records * Army Board for Correction of Military Records (ABCMR) Record of Proceedings, Docket Number AR20110023026, dated 29 May 2012 CONSIDERATION OF EVIDENCE: 1. The applicant provides clarification on the date of his injury, which he now states occurred in July 1967, and extracts of his medical and dental records that were not available during the previous consideration of his case. Army Regulation 600-8-22 (Military Awards)...
ARMY | BCMR | CY2012 | 20120008129
However, nothing in six typical sources shows he was wounded in action or awarded the Purple Heart: * Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not reflect a combat injury * Item 41 (Awards and Decorations) of this form does not list the Purple Heart * His complete medical records are not available for review with this case; his separation physical does not reflect a combat injury or wound * His name is not shown on the Vietnam casualty roster. Although he...
ARMY | BCMR | CY2012 | 20120001330
The applicant did not provide any evidence. 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. Notwithstanding the applicant's 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...
ARMY | BCMR | CY2011 | 20110004930
Item 40 (Wounds) of his DA Forms 20 does not reflect a combat wound or injury and item 41 (Awards and Decorations) of this form does not show award of the Purple Heart. The applicant's service record is void of any orders that show he was awarded the Purple Heart or that he was wounded or injured as a result of combat. Notwithstanding the applicant's contention and sincerity, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of enemy...
ARMY | BCMR | CY2011 | 20110000539
The criteria for 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 medical treatment by medical personnel, and the medical treatment must have been made a matter of official record. The applicant's service record is void of any orders that show he was awarded the Purple Heart or that he was wounded or injured as a result of combat. Notwithstanding the applicant's...
ARMY | BCMR | CY2011 | 20110014382
Department of the Army General Orders Number 54, dated 1974, awarded the 1st Battalion, 92nd Artillery the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 August 1965 to 16 April 1971. The evidence of record shows he was awarded the Vietnam Service Medal and he participated in two campaigns while serving in Vietnam. The applicant's service record is void of any orders that show he was awarded the Purple Heart or that he was wounded or injured as a result of combat.
ARMY | BCMR | CY2011 | 20110003618
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) of this form does not show award of the Purple Heart. The applicant's service record is void of any orders that show he was awarded the Purple Heart or that he was wounded or injured as a result of combat. Notwithstanding the applicant's contention and sincerity, in the absence of additional documentation that conclusively shows he was wounded or...