IN THE CASE OF:
BOARD DATE: 6 November 2012
DOCKET NUMBER: AR20120009032
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 that he be awarded the Purple Heart.
2. The applicant states he was wounded in mortar fire in early spring of 1967 during an air assault on a hot landing zone. He goes on to state that he jumped from the helicopter, there was an explosion, and he felt something hit him in the throat. He continues by stating that a bandage was applied and the assault continued. About a month later other squad members remarked that his uniform was soaked in blood. He was then transported by helicopter to the hospital where they worked to stop the bleeding and removed the shrapnel from his throat.
3. The applicant provides a one-page letter explaining his application, a two-page letter, from his squad leader at the time, and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 in Newark, New Jersey on 17 December 1965. He completed the training requirements as an infantryman and he was transferred to Fort Benning, Georgia for assignment to Company A, 2d Battalion, 3d Infantry Regiment, 199th Infantry Brigade.
3. On 21 November 1966, he was transferred to Vietnam with his unit and he was advanced to the pay grade of E-4 on 7 July 1967.
4. He departed Vietnam on 30 September 1967 and was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) as an overseas returnee on 1 October 1967. He had served 1 year, 9 months, and 7 days of active service. His DD Form 214 reflects that he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Combat Infantryman Badge.
5. A review of his records failed to show any evidence of the applicant being wounded in Vietnam or any treatment that was made a matter of record. His medical records are not available for review as they were loaned to the Department of Veterans Affairs Regional Office in Newark, New Jersey on
27 March 1969.
6. The applicants name is not contained on the Vietnam Casualty Listing. Additionally, a search of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders awarding him the Purple Heart.
7. The statement submitted by the applicant's squad leader indicates that while he cannot remember the exact date, he does remember seeing blood on the applicants face. He also indicates that it was not unusual for minor wounds to be discounted until later on when they could be treated by a medic.
8. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify 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. While the sincerity of the applicant's claim that he was wounded in Vietnam is not in doubt, he failed to show through the evidence of record and the evidence submitted with his application that he was wounded as a result of enemy action and that the treatment for his wound was made a matter of record.
2. Therefore, in the absence of such evidence, there appears to be no basis to award him the Purple Heart at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20120009032
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120009032
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100000408
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 AR20070004413 on 6 September 2007. He submitted the following documents: a. a statement by his former unit's medical corpsman, SP4 B____ who served as a combat medic with Company D, 2nd Battalion, 12th Infantry, and received the Silver Star on 17 April 1968 and two awards of the Bronze...
ARMY | BCMR | CY2013 | 20130016304
He and his buddy jumped out of the helicopter before they landed and they were under fire as soon as they hit the ground. The hand-written diary the applicant submitted contains entries from May 1966 to 9 July (1967). There is no evidence to show this is shrapnel or that he received it as a result of enemy action.
ARMY | BCMR | CY2011 | 20110001915
The medical documents submitted by the applicant with his application show that on 17 April 1967 he was treated for an injury (abscess to right arm) that was the result of enemy action. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart for wounds received in action in Vietnam on 17 April 1967 and adding it to his DD Form 214. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded...
ARMY | BCMR | CY2014 | 20140019067
In the original consideration of his case that occurred on 24 February 2000, the applicant submitted a medical statement indicating he had sustained an ear injury in October 1968 and in July 1999, officials from the Army's Personnel Command informed him that he was not authorized an award of the Purple Heart because his injury was considered accidental. Creditable witness statements indicate he received injuries from an enemy act (being blown off an APC due to a landmine explosion). As a...
ARMY | BCMR | CY2012 | 20120001801
Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. 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. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States...
ARMY | BCMR | CY2012 | 20120021543
At the time, the company commander handed him a Purple Heart medal, but told him the paperwork would have to catch up with him because it would have to come through the medical facilities at Cu Chi. There is no evidence in his service personnel record showing he was wounded during his period of service in Vietnam. c. 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...
ARMY | BCMR | CY2003 | 03090630C070212
Nonetheless, the documents that he submits – the two statements from former comrades, the letter to his mother letter dated shortly after the date that he stated that he was wounded; and the information in the 28 October 1998 Board case showing that Mr. "K" was wounded on that same date, are convincing. BOARD DETERMINATION/RECOMMENDATION: As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by award of the Purple Heart, the Air...
ARMY | BCMR | CY2002 | 2002068617C070402
The applicant requests reconsideration of his previous application to correct his military records by awarding him the Purple Heart and the Combat Infantryman Badge (CIB). The applicant's DA Form 20 does not show his assignments while in Vietnam from 5 April to 12 June 1969. There is insufficient medical evidence of record, or evidence submitted by the applicant, to show that the diagnoses of traumatic arthritis, left knee was as a result of enemy action and entitled him to an award of the...
ARMY | BCMR | CY2011 | 20110018483
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the: * Air Medal with 9th Oak Leaf Cluster and "V" Device * Purple Heart * Any additional awards and decorations to which he is entitled 2. Counsel requests the applicant be awarded the Purple Heart for injuries sustained while serving during combat in the Republic of Vietnam (RVN). A review of his personnel service records failed to show evidence and he...
ARMY | BCMR | CY2013 | 20130006080
Due to the passage of time he could no longer remember the names of the crew members involved, but he does remember that several crew members received injuries as a result of these incidents. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. In the absence of additional documentation that conclusively shows he was wounded or injured as a result of enemy action and treated...