IN THE CASE OF:
BOARD DATE: 20 November 2012
DOCKET NUMBER: AR20120009381
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 that his military medical records show he had a laceration above the left eye requiring suturing. He continues by stating that it was a shrapnel wound and he was never awarded the Purple Heart.
3. The applicant provides copies of:
a. a Standard Form 600 (Chronological Record of Medical Care) which shows he was treated for a 1 inch laceration above the left eyebrow and he received stitches at the 7th Medical Detachment Dispensary;
b. his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); and
c. one page from a previous Record of Proceedings from the Board concerning the correction of his social security number.
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 on 6 October 1965. He completed basic training at Fort Knox, Kentucky and he was transferred to an engineer company at Fort Bragg, North Carolina to undergo training as a pioneer.
3. On 28 September 1966, he was transferred to Vietnam with his unit and he was promoted to the rank of sergeant on 14 March 1967.
4. On 17 September 1967, he departed Vietnam for Oakland Army Base, California where he was honorably released from active duty (REFRAD) as an overseas returnee that date. He had served 1 year, 11 months, and 12 days of active service. The DD Form 214 issued at the time of REFRAD shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Army Good Conduct Medal.
5. A review of his records failed to show any evidence of the applicant being wounded or injured as a result of enemy action. Additionally, his 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.
6. 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.
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) AR20120009381
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120009381
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090005048
There is no entry in Item 41 (Awards and Decorations) of the applicant's DA Form 20 showing he was awarded the Purple Heart. The statements of support provided by the applicant's former fellow Soldier were considered; however, the applicant's name does not appear on the Vietnam Casualty Listing and there were no entries made in his service records to show he was wounded as a result of hostile action. The SF 88 and 89 that were prepared at the time of the applicant's separation physical...
ARMY | BCMR | CY2013 | 20130007822
The applicant states that while serving in Vietnam he sustained a laceration to his finger. 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. Without a record of treatment for a wound sustained as the result of enemy action entitlement to the Purple Heart cannot be established.
ARMY | BCMR | CY2013 | 20130015053
The applicant states the telegram from the Adjutant General to his mother shows that he was treated for a wound sustained as the result of hostile action. The subject telegram states, " your son, (the applicant), was slightly wounded in Vietnam on 5 April 1968, as a result of hostile action. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in action in Vietnam on 5...
ARMY | BCMR | CY2015 | 20150001848
The applicant states: * he was injured on his hand and foot * he served in Vietnam for 11 months and 24 days * he and his unit were attacked by the enemy again on 5 May 1968 * he was honorably discharged at his expiration term of service * his injuries are recorded in his military medical records, but they are not on his DD Form 214 * he was released from active duty (REFRAD) 26 days after the last attack 3. The applicant's military records are not available to the Board. As a result, the...
ARMY | BCMR | CY2011 | 20110009496
Therefore, there is sufficient evidence to award him the Purple Heart for wounds received in action on 12 May 1969. Therefore, there is sufficient evidence to award him a second Purple Heart for wounds received in action on 26 August 1969. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in action in the Republic of Vietnam on 12 May 1969; b. awarding him the Purple...
ARMY | BCMR | CY2011 | 20110010023
The applicant states he was wounded in action in the Republic of Vietnam (RVN); however, his records do not show award of the Purple Heart. The applicant served a qualifying period of active enlisted service for the first award of the Army Good Conduct Medal from 8 November 1965 to 7 November 1968. a. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in action in the...
ARMY | BCMR | CY2011 | 20110003521
The applicant states: a. he was denied the Purple Heart because the medics at the first aid station did not record his injuries in his personnel records. The applicant's record does not contain a notification to his next of kin indicating that he had been wounded in action while he was in the Army. _______ _ 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 | CY2008 | 20080005960
Application for correction of military records (with supporting documents provided, if any). 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. As a result, there is no evidence in the applicant's military records, and the applicant failed to provide evidence which conclusively shows that he was wounded or injured as a result of hostile action, that he was treated by medical personnel...
ARMY | BCMR | CY2007 | 20070018181
There are no general orders in the applicant's records that show award of the Purple Heart. AR 600-8-22 also provides that there are no time limitations for requests for award of the Purple Heart. Given that the applicant did not receive orders awarding him the Purple Heart, his name is not on the Vietnam Casualty List, and nothing in his official records shows he was wounded, the preponderance of evidence weighs against awarding him the Purple Heart.
ARMY | BCMR | CY2003 | 2003090137C070212
The applicant states that he was unaware that the Purple Heart was not recorded on his DD Form 214. The applicant's medical records were not available for the Board to review. The applicant's DD Form 214 does not show this unit award as an authorized award because it was awarded after he had been released from active duty.