BOARD DATE: 30 May 2013
DOCKET NUMBER: AR20120019383
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:
* the Purple Heart is missing from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* in late December 1965 or early January 1966 while digging a foxhole for a defensive perimeter, his right knee/leg was wounded by a punji stake
* the medic treated his wound
* he has a scar
* his superiors never took the time to ask how bad his injury was
* the first sergeant just said to take the stakes down
3. The applicant provides:
* DD Form 214
* Correspondence from a Member of Congress
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 23 November 1964 for a period of 3 years. He served as a light weapons infantryman in Vietnam from 16 August 1965 to 15 August 1966. On 22 November 1967, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. The DD Form 214 he was issued at the time does not show the Purple Heart as an authorized award.
3. There is no evidence in the available records which shows the applicant was awarded the Purple Heart or that he was wounded as a result of hostile action in Vietnam.
4. His DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) is blank. His name does not appear on the Vietnam casualty listing.
5. A 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Purple Heart pertaining to the applicant.
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 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. Army Regulation 600-8-22 establishes basic requirements for the Purple Heart and all other awards. The Purple Heart requires evidence to verify:
* the wound was the result of hostile action
* treatment of the wound by medical personnel
* documentation of the wound in official records
2. There is insufficient evidence in the available record that shows the applicant was wounded as a result of hostile action in Vietnam. Regrettably, there is an insufficient evidentiary basis for awarding him a Purple Heart.
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) AR20120019383
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120019383
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130003134
In a statement dated 23 October 2002, Mr. DRM stated he wished to clarify the statement he had provided on 14 December 2001. Substantiating evidence must be provided to verify 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. In the absence of official documentation confirming he was injured as a result of hostile action, that the injury required treatment by...
ARMY | BCMR | CY2010 | 20100008343
He states all records of his injury should be in his service medical records. There are no orders in his military personnel records awarding him the Purple Heart. In the absence of military records which show the applicant was wounded or treated for wounds resulting from hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.
ARMY | BCMR | CY2005 | 20050000045C070206
The applicant requests that his records be corrected to reflect award of the Purple Heart. Counsel requests correction of the applicant’s records to reflect award of the Purple Heart. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.
ARMY | BCMR | CY2006 | 20060011269
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 February 2007 DOCKET NUMBER: AR20060011269 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. Therefore, the Board requests that the CMSD-St....
ARMY | BCMR | CY2015 | 20150001009
The applicant requests award of the Purple Heart for injuries sustained in combat. The applicant's military records show he was inducted into the Army of the United States on 24 June 1965 and he held military occupational specialty 11B (light weapons infantryman). There is no evidence of record and the applicant did not provide sufficient evidence to show he sustained a wound/injury as a result of a punji stick, received treatment, and that treatment was made a matter of official record...
ARMY | BCMR | CY2003 | 2003089114C070403
There is no evidence in the applicant's service personnel records which shows that he was wounded a third time as a result of hostile action in Vietnam. 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. Evidence of record shows the applicant was wounded in action on two occasions in Vietnam and he received two awards of the Purple Heart.
ARMY | BCMR | CY2013 | 20130015070
The 30 September 1985 DD Form 214 shows he was awarded the Purple Heart. [a previously considered] DA Form 4187 (Personnel Action), dated 29 November 1984, subject: Award of Purple Heart (1st Oak Leaf Cluster) with enclosures that shows: (1) in a DA Form 2823 (Sworn Statement), dated 29 November 1984, the applicant stated, in pertinent part, "[he] received a wound to the left hip that was inflicted by hostile enemy fire on 10 May 1968." Records show he was awarded the Purple Heart for...
ARMY | BCMR | CY2005 | 20050001963C070206
The applicant requests correction of his records to show award of the Purple Heart. The applicant’s military personnel file does not contain any medical treatment documents and the applicant’s medical records were not available for review. The applicant’s DA Form 20 shows he was injured by a punji stake while serving in Vietnam.
ARMY | BCMR | CY2008 | 20080008104
There is no evidence in the available records which show the applicant was disqualified for this award. Therefore, the applicant is entitled to award of the AGCM for the period 25 October 1966 through 1 October 1968 and to correction of his records to show the award of the AGCM (First Award). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the Purple Heart for wounds received as a result of hostile action in...
ARMY | BCMR | CY2010 | 20100025548
His personnel record contains a Standard Form 180 (Request Pertaining to Military Records) completed and signed by the applicant, dated 6 February 2001, wherein he questions, "Being injured in Vietnam in 1969, am I eligible for a Purple Heart medal?" There is no evidence of record and the applicant did not provide any evidence that shows he was wounded or injured as a result of hostile action in Vietnam. Regrettably, there is insufficient evidence to support award of any Purple Hearts in...