Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120009496
Original file (20120009496.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:  6 December 2012

		DOCKET NUMBER:  AR20120009496 


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.  He states:

	a.  a mistake was made on his medical records.

	b.  he did not receive his Purple Heart at the time he was wounded because he was in the hospital and the medical staff did not turn in the paperwork for him.

	c.  he was wounded in July or August 1968 and he still has shrapnel in his chest.

	d.  his primary doctor at the Department of Veterans Affairs is Dr. K----- who examined him and confirmed the shrapnel is still present in his chest.

3.  He provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and DD Form 215 (Correction to DD Form 214).

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 was inducted into the Army of the United States on 14 November 1967.  He completed training and he was awarded military occupational specialty 11B (light weapons infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service) he served in Vietnam from 3 May 1968 through 16 June 1969
* item 38 (Record of Assignments) no record of the applicant being hospitalized in a patient status at any time
* item 40 (Wounds) no entries (blank)
* item 41 (Awards and Decorations) no entry for the Purple Heart

4.  His service record does not contain orders that show he was awarded the Purple Heart.

5.  He was honorably released from active duty on 17 June 1969 as an overseas retiree.  He completed 1 year 7 months, and 4 days of total active service.  His DD Form 214 does not show award of the Purple Heart.

6.  On 12 May 2003, he was issued a DD Form 215 that corrected his
DD Form 214 to show additional awards; however, not the Purple Heart.

7.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name as a casualty.

8.  Review 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 for the Purple Heart pertaining to the applicant.


9.  Army Regulation 600-8-22 (Military Awards) provides the Purple Heart 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 medical personnel, and the medical treatment must have been made a matter of official record.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service record is void of medical documentation that shows he sustained any wounds as a result of hostile action.

2.  His service record is void of evidence and he has not provided any evidence that shows he was wounded as a result of hostile action and treated for those wounds.  A review of the Vietnam Casualty listing does not contain his name.  

3.  By regulation, in order to award the Purple Heart, it is necessary to establish that a Soldier was wounded in action, the wound required treatment by medical personnel, and the treatment must have been made a matter of official record.

4.  In the absence of evidence that shows he was wounded or injured as a result of hostile action, there is an insufficient evidentiary basis for granting the applicant's requested relief in this case.

5.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation during the Vietnam conflict.  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)                                         AR20120009496



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120009496



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2008 | 20080010085

    Original file (20080010085.txt) Auto-classification: Denied

    CONSIDERATION OF EVIDENCE: 1. The applicant provided a Rating Decision, dated 13 May 2008, from the DVA which granted him service connection for a shrapnel wound of the chest with an evaluation of 10 percent effective 2 November 2006. Regrettably, absent evidence which conclusively proves, by a preponderance of the evidence, that the applicant was wounded or injured as a result of hostile action, that he was treated by medical personnel for wounds or injuries sustained as a result of...

  • ARMY | BCMR | CY2009 | 20090003882

    Original file (20090003882.txt) Auto-classification: Denied

    The applicant states, in effect, that he should have been awarded the Purple Heart for wounds he received in Vietnam on 4 March and on 2 November 1968. The evidence does show the applicant complained of shrapnel in his chest; however, the medical records entry does not form a basis for award of the Purple Heart to him. The Standard Form 513 the applicant submitted to support his request for award of the Purple Heart for an injury he states he sustained on 2 November 1968 as a result of an...

  • ARMY | BCMR | CY2011 | 20110012856

    Original file (20110012856.txt) Auto-classification: Denied

    The applicant requests reconsideration of his earlier request for correction of his military records to show award of the Purple Heart for wounds received in action in the Republic of Vietnam (RVN). The VA Rating Decision provided by the applicant is new evidence that should be considered by the Board. The original Record of Proceedings states: a. the applicant's DA Form 20 (Enlisted Qualification Record) does not show he was wounded; b. there was an absence of evidence showing the...

  • ARMY | BCMR | CY2013 | 20130006815

    Original file (20130006815.txt) Auto-classification: Approved

    The applicant states his DD Form 214 does not reflect that he was awarded a Purple Heart, but does show he was wounded in Vietnam on 25 March 1969 (i.e., 1968). However, the available evidence shows he was wounded on 25 March 1968 as a result of hostile action in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following awards to his DD Form 214: * Purple Heart * Republic of Vietnam Gallantry Cross...

  • ARMY | BCMR | CY2012 | 20120011257

    Original file (20120011257.txt) Auto-classification: Denied

    His service medical records are not available for review with this case and there is no evidence in his available record that shows he was wounded as a result of hostile action while serving in Vietnam. The applicant provides: a. Notwithstanding the applicant's sincerity or the sincerity of his former unit members, there is an insufficient evidentiary basis upon which to award the applicant the Purple Heart in the absence of documentation that conclusively shows he was wounded or injured...

  • ARMY | BCMR | CY2015 | 20150000348

    Original file (20150000348.txt) Auto-classification: Denied

    The FSM's records contain: a. Standard Forms 180 (Requests Pertaining to Military Records), dated 16 November 1994 and 12 December 1996, showing the FSM requested copies of his personnel and medical records for a service-connection claim with the VA. Regrettably, the Standard Form 504 provided by the applicant is insufficient evidence to support award of the Purple Heart to the FSM in this case.

  • ARMY | BCMR | CY2009 | 20090001981

    Original file (20090001981.txt) Auto-classification: Denied

    The VA's Compensation and Pension Exam Hospital Summary shows that on 26 March 1969, the applicant was admitted with a chief complaint of pain at left ankle area where he had an old gunshot wound. The applicant's military service records do not contain any general orders awarding him the Purple Heart. There are no medical records available which show that the applicant was wounded or treated for wounds as a result of hostile action during his service in Vietnam.

  • ARMY | BCMR | CY2009 | 20090020481

    Original file (20090020481.txt) Auto-classification: Denied

    The applicant further states that the Board stated his name did not appear on the Vietnam Casualty List and used this to support the decision to deny his application. In support of his request for reconsideration, the applicant provides copies of his Enlisted Disability Retirement Orders, a prescription from his medical doctor, and a letter from NARA. The available evidence contains no orders, or other documents confirming the injuries the applicant received to his chest and hand were...

  • ARMY | BCMR | CY2009 | 20090000389

    Original file (20090000389.txt) Auto-classification: Denied

    The applicant contends, in effect, that his records should be corrected to show award of the Purple Heart because he was wounded in action in the spring of 1969 while serving in the RVN. However, he provides insufficient evidence in support of his claim for award of the Purple Heart. There is no evidence in the applicant’s military personnel records that show he was wounded as a result of hostile action; his DA Form 20 does not show an entry in item 40 or list the Purple Heart in item 41;...

  • ARMY | BCMR | CY2012 | 20120002370

    Original file (20120002370.txt) Auto-classification: Approved

    The DD Form 214 he was issued at the time does not show award of the Purple. 10. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant. As a result, the Board recommends that all Department of the Army records of the...