Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120008505
Original file (20120008505.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  25 September 2012

		DOCKET NUMBER:  AR20120008505 


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 he be awarded the Purple Heart (PH).

2.  The applicant states his company commander neglected to submit paperwork to have his general orders issued.

3.  The applicant provides a copy of his medical document, Army Commendation Medal (ARCOM) with valor orders, and a self-authored statement.

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.  The applicant enlisted in the Regular Army on 26 July 1966.  He completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 31G (Tactical Communications Chief).  The highest rank/grade he attained while serving on active duty was sergeant/E-5.

3.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) contains no entries.

4.  The PH is not listed on the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and there are no orders or other documents in the applicant's record that indicate he was recommended for or awarded the PH.

5.  A DD Form 1380 (U.S. Field Medical Card) shows that, on 4 November 1967, the applicant was treated for a wound with metal fragments in his inner left thigh received as a result of non-hostile action.

6.  The applicant's name is not listed on the Army Vietnam casualty roster.

7.  On 2 June 1971, the applicant was honorably released from active duty after completing 2 years, 10 months, and 17 days of total active military service.

8.  The applicant provided his separation Standard Form 89 (Report of Medical History) which states he received medical treatment in January 1968 by having metal fragments removed from his left inner thigh.  He also provided an ARCOM with valor order, which he received for military operations against hostile force on 20 January 1968.  The citation does not mention that he was wounded.

9.  The applicant provided a self-authored statement which states he was wounded during an enemy attack on 20 January 1968.  He states that he was presented the PH at the 25th Infantry Division Field Hospital but did not receive a copy of the general orders. 

10.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-8 contains guidance on the PH.  It states the PH is awarded to members wounded in action and states that in order to award the PH, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to be awarded the PH has been carefully considered and it was determined that there is insufficient evidence to support this request.
2.  Award of the PH requires the submission of substantiating evidence to verify the injury/wound was the result of enemy 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. 

3.  The applicant's name is not listed on the Vietnam casualty roster, and the   DD Form 1380 shows he was injured from metal fragments in his inner left thigh as a result of non-hostile action. His ARCOM citation does not mention that he was wounded.  Therefore, the evidence is not sufficient to support award of the PH.   

4.  The applicant and all others concerned should know this action related to award of the PH in no way diminishes the sacrifices made by him 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)                                         AR20120008505





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120008505



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2007 | 20070018667

    Original file (20070018667.txt) Auto-classification: Approved

    The Board noted that there were no PH award orders on file in his record and no personnel service record entries that indicated that the applicant was ever wounded in action or awarded the PH. The applicant’s Military Personnel Records Jacket (MPRJ) contains no orders or other documents that indicate he was ever wounded in action, or awarded the PH. The applicant was also provided a DD Form 215 (Correction to DD Form 214) to include these awards.

  • ARMY | BCMR | CY2009 | 20090013351

    Original file (20090013351.txt) Auto-classification: Denied

    The applicant states, in effect, that his DD Form 214 should reflect a second award of the PH and he was never awarded the PH 1st Oak Leaf Cluster (2nd Award) as he should have been. Item 40 (Wounds) of his DA Form 20 contains one entry showing he was wounded in action in the RVN on 28 April 1968, when he received a fragment wound to his left leg. However, there are no record entries or orders confirming the applicant was wounded in action a second time, or that he was ever recommended for...

  • ARMY | BCMR | CY2014 | 20140003334

    Original file (20140003334.txt) Auto-classification: Approved

    A review of the applicant's military personnel records failed to reveal any evidence that he was WIA on a third occasion, or any orders or other evidence that shows he was awarded the PH (2nd OLC). c. The VSM is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. 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 | BCMR | CY2006 | 2006001049C070205

    Original file (2006001049C070205.doc) Auto-classification: Approved

    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 the result of enemy action, that it was treated by military medical personnel, and a record of this treatment must have been made a matter of official record. Therefore, it would be appropriate to award the applicant the PH, for being wounded in action in the RVN on 7 January 1967. As a result, the Board recommends that all Department of the Army records of...

  • ARMY | BCMR | CY2010 | 20100027042

    Original file (20100027042.txt) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. The evidence of record confirms the applicant was wounded in action in the RVN on 23 July 1968, as evidenced by an entry on the Vietnam casualty roster and the medical treatment records provided by the applicant. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Vietnam Service Medal from item 24 of his 18 September 1972 DD Form...

  • ARMY | BCMR | CY2009 | 20090002204

    Original file (20090002204.txt) Auto-classification: Denied

    The applicant provides a self-authored statement, medical treatment records, a newspaper article, and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of his application. It states, in pertinent part, that 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; that the wound required treatment by military medical personnel; and a record of this medical...

  • ARMY | BCMR | CY2010 | 20100024270

    Original file (20100024270.txt) Auto-classification: Denied

    General Orders Number 189, issued by Headquarters, 85th Evacuation Hospital, on 10 December 1967 awarded him the Purple Heart (1st Award) for wounds received in action in Vietnam on 7 December 1967. There are no orders or other evidence in the applicant’s military service records showing he was wounded on any date other than 7 December 1967. No other dates or wounds are listed.

  • ARMY | BCMR | CY2006 | 20060005165C070205

    Original file (20060005165C070205.doc) Auto-classification: Approved

    The evidence of record shows that the applicant was awarded the Purple Heart for wounds received in action on 22 September 1969. While the evidence of record is conflicting as to the date the applicant sustained this particular wound (i.e., 4 versus 14 September 1969), the evidence of record clearly shows that the applicant was wounded and received treatment for the wounds. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...

  • ARMY | BCMR | CY2010 | 20100018924

    Original file (20100018924.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, to be awarded the Purple Heart (PH) and correction of his 1975 DD Form 214 (Report of Separation from Active Duty) to add this award. He states he served in the Republic of Vietnam from February 1967 to February 1968 and should be awarded the PH based on medical evidence.

  • ARMY | BCMR | CY2001 | 2001058618C070421

    Original file (2001058618C070421.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: There are no entries in this document that indicate that the applicant was entitled to the PH on the date of his separation nor does it confirm that he was ever wounded or injured during his tenure on active duty.