BOARD DATE: 9 May 2013
DOCKET NUMBER: AR20120019556
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of the Purple Heart.
2. The applicant states he earned the Purple Heart but he did not receive the award.
3. The applicant provides several medical documents.
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. On 12 March 1970, the applicant enlisted in the Regular Army. After completing initial entry training, he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 38 (Record of Assignments) he was assigned to duty in Vietnam with the Company B, 3rd Battalion (Airborne), 503rd Infantry, 173rd Airborne Brigade, from 20 May 1971 through 30 July 1971
* item 40 (Wounds) no entry
4. On 27 December 1971, he was honorably released from active duty after completing 1 year, 8 months, and 19 days of total active service.
5. His service medical records are not available for review.
6. His record is void of documentation showing he was wounded or that he was awarded the Purple Heart.
7. His name does not appear on the Vietnam casualty roster.
8. He provides medical documents which show he received treatment for a laceration to his right ring finger, between the 5th and 19th of July 1971, while serving in Vietnam. The ABCMR analyst and the Board medical advisor examined the medical documents and neither was able to determine if the origin of his injury was the result of hostile action.
9. A 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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding the Purple Heart to him.
10. 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. 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.
DISCUSSION AND CONCLUSIONS:
The evidence of record does not show and the applicant has not provided sufficient documentary evidence showing he received wounds as a result of hostile action that would have warranted award of the Purple Heart. In the absence of such evidence, there is no basis for awarding him the Purple Heart or for adding the Purple Heart to his DD Form 214.
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) AR20120019556
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120019556
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110022018
Application for correction of military records (with supporting documents provided, if any). The applicant requests: * Award of the Purple Heart * Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Bronze Star Medal * Correction of the General Orders (GOs) that awarded him the Bronze Star Medal and accompanying certificate and citation to show the correct social security number (SSN) * Correction of the GOs that awarded him the Army...
ARMY | BCMR | CY2008 | 20080012737
The applicant provides a two-page self authored letter; two eyewitness statements; a Standard Form 88 (Report of Medical Examination); discharge orders; a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 26 November 1967; a DD Form 214 (Report of Separation from Active Duty) for the period ending 26 November 1973; two physician's statements; a magnetic resonance imaging (MRI) report; and a Department of Veterans Affairs service connected...
ARMY | BCMR | CY2004 | 20040010436C070208
The applicant's service personnel records show he served a period of qualifying service in Vietnam and is entitled to award of the Vietnam Service Medal. Evidence of record also shows that the applicant participated in one campaign during his service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing one award of the Purple Heart, award of the Army Commendation Medal with "V" Device (First Oak Leaf...
ARMY | BCMR | CY2013 | 20130009917
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. 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 3. In the absence of corroborating evidence showing he was injured and treated for wounds as a result of hostile action in Vietnam, the...
ARMY | BCMR | CY2008 | 20080003865
For wounded Soldiers requiring hospitalization in excess of 24 hours or medical evacuation from Vietnam, the authority to award the Purple Heart was delegated to hospital commanders. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the...
ARMY | BCMR | CY2012 | 20120022287
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: * Purple Heart (3 November 1970) * Meritorious Service Medal (15 April to 31 December 1970) * Air Medal (17 March 1971) 2. Army Regulation 600-8-22 (Military Awards) states: a. The applicant requests correction of his DD Form 214 to show award of the Purple Heart (3 November 1970), the Meritorious Service Medal, and the Air Medal.
ARMY | BCMR | CY2010 | 20100021007
The applicant states: * he has three orders for the Purple Heart for wounds received in action on 9 June 1969, 11 July 1969, and 11 July 1969 * on 9 June 1969 he was hit with shrapnel * on 11 July 1969 he was shot in the left shoulder by an AK-47 rifle during a firefight and 4 hours later he was hit in the left ear with shrapnel from a rocket-propelled grenade * he informed the doctor of the two separate incidents and the doctor treated his ear and shoulder * he was sent to Japan * the two...
ARMY | BCMR | CY2012 | 20120022374
Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and enemy or as a result of hostile action. Therefore, in the absence of documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, there is an insufficient evidentiary basis for awarding him the Purple Heart. _______ _ X _______ ___ CHAIRPERSON I certify that herein is recorded the true and...
ARMY | BCMR | CY2010 | 20100007331
Application for correction of military records (with supporting documents provided, if any). A copy of a DA Form 2658, dated on various dates through his military service, shows he received medical services at the 4th Battalion, 503rd Infantry aid station on 29 August 1969. b. His record is void of any orders that show he was awarded the Purple Heart, his name is not shown on the Vietnam casualty roster, his DA Form 20 does not indicate any combat wounds, his available medical records do...
ARMY | BCMR | CY2014 | 20140021423
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * two Purple Hearts (referred to as the Purple Heart with First Oak Leaf Cluster (1OLC) at the time) given to him on 31 March 1970 and 9 January 1971 * two Bronze Star Medals given to him on 28 March 1970 and 7 December 1970 * an Army Commendation Medal given to him on 3 September 1970 2. He provides a certificate issued by the Commanding General of the 173d...