IN THE CASE OF:
BOARD DATE: 4 June 2013
DOCKET NUMBER: AR20120020313
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 correction of a DA Form 2173 (Statement of Medical Examination and Duty Status) to show he was injured by a "290M pan scaper" vice "290 wood scaper."
2. The applicant states item 15 (Details of Accident or History of Disease) of this DA Form 2173 on how he was injured is wrong. He needs to file for the Purple Heart.
3. The applicant provides two letters.
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's records show he was inducted into the Army of the United States on 23 September 1968 and he held military occupational specialty 62E (Heavy Construction Equipment Operator). He served in Vietnam from 4 June 1969 to 9 March 1970 while assigned to the 46th Engineer Battalion.
3. His records contain a DA Form 348 (Equipment Operator's Qualification Record) that shows on 25 February 1970, he qualified to operate a 290M tractor (wheeled) with scraper.
4. On 9 March 1970, he was injured by a military 290M tractor with scraper and fractured his right ankle. On 9 March 1970, he was assigned in a patient status to the 93rd Evacuation Hospital. On 13 March 1970, he was medically evacuated from Vietnam and assigned in a patient status to the 249th General Hospital, Japan.
5. His records contain a DA Form 2173 dated 17 March 1970 that shows in:
* Item 15, he was injured by a "290 wood scaper" in "Swan Loc, Republic of Vietnam" at 1025 hours on 9 March 1970
* Item 30 (Details of the Accident), EM [Enlisted Member] was injured by 290 M., Xuan Loc RVN, 1025 hours, 9 March 1970"
6. Xuan Loc is a district in the former Republic of South Vietnam. Swan Loc appears to be a misspelling of Xuan Loc.
7. He was honorably released from active duty on 10 July 1970 by reason of early release for overseas returnee and transferred to the U.S. Army Reserve. He completed 1 year, 9 months, and 18 days of creditable active service.
8. 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 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 was injured while in Xuan Loc, Vietnam by a 290M tractor with scraper while the DA Form 2173 contained in his records incorrectly shows item 15 this equipment as a "290 wood scaper" and the location as "Swan Loc." Therefore, it would be appropriate to correct this DA Form 2173 accordingly.
2. The applicant also stated he needed this correction to file for the Purple Heart. However, the DA Form 2173 does not indicate how he was injured (i.e., whether the injury was due to hostile action). Therefore, there is insufficient evidence on which to base award of the Purple Heart.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ ____x___ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by publishing an appropriate document to amend item 15 of DA Form 2173, dated 17 March 1970, to show the entry "Enlisted Member was injured by a 290M tractor with scraper, Xuan Loc, Vietnam, 1025 hours, 9 March 1970."
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the Purple Heart.
_______ _ _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) AR20120020313
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120020313
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130015827
Application for correction of military records (with supporting documents provided, if any). A review of the applicant's military personnel records failed to reveal any orders showing he was awarded the Bronze Star Medal. DISCUSSION AND CONCLUSIONS: While the available evidence is insufficient for awarding him the Bronze Star Medal and correcting his DD Form 214 to show this award, this in no way affects his right to pursue his claim for the award by submitting a request through his Member...
ARMY | BCMR | CY2006 | 20060017119
The applicant states, in effect, that his military records do not show the injury which occurred in Vietnam. 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. Records show the applicant should have discovered the alleged error now under consideration on 18 September 1970; therefore, the time for the applicant to file a request for correction of any error expired on 17 September 1973.
ARMY | BCMR | CY2010 | 20100009064
The applicant provides the following documents: * Statement from his former platoon leader * Statement from a former platoon member * Letter from the U.S. Army Joint Services Records Research Center * DA Form 1594 (Daily Staff Journal or Duty Officer's Log) for 2nd Battalion, 5th Cavalry * Vietnam Combat Certificate * DA Form 1 (Morning Report) * DA Form 305-4 (Unit Manning Roster) CONSIDERATION OF EVIDENCE: 1. His record is void of any orders that show he was awarded the Purple Heart; his...
ARMY | BCMR | CY2008 | 20080005955
Item 41 (Awards and Decorations) of the applicant's several DA Forms 20 do not show award of the Purple Heart. In the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case. XXX _______________________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2007 | 20070014025
Powers Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Although the applicant injured his knee while serving in the Republic of Vietnam, there is no corroborating evidence present in the available records which shows that the applicant was wounded as the result of a hostile action. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show he was awarded the...
ARMY | BCMR | CY2007 | 20070013194
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 31 January 2008 DOCKET NUMBER: AR20070013194 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 are no orders in the applicants service personnel records that show he was awarded the Purple Heart. There are no general orders that show the applicant was awarded the Purple Heart, there is no evidence in...
ARMY | BCMR | CY2013 | 20130006532
The applicant requests correction of his records to show award of the Purple Heart. A review of the applicant's military personnel records failed to reveal any evidence that shows he was wounded in action or that he was awarded the Purple Heart. However, the evidence the applicant provides in the form of his Army medical records and VA letter provide insufficient evidence to support award of the Purple Heart.
ARMY | BCMR | CY2013 | 20130017650
A DA Form 2173 (Statement of Medical Examination and Duty Status), dated 1 October 1968, wherein the applicant stated that he sustained a gunshot wound to his right foot while cleaning his weapon; however, the executive officer noted that the magazine was still in the weapon and there was no cleaning equipment near the applicant at the time of the incident. The applicant requests correction of his DD Form 214 to show he was awarded the Purple Heart. His records are void of evidence and he...
ARMY | BCMR | CY2011 | 20110018955
Application for correction of military records (with supporting documents provided, if any). However, the available evidence is insufficient to establish that this medical condition was the result of a combat-related event. The evidence of record shows the VA awarded the applicant a rating of 100% service-connected disability (emphasis added) for PTSD.
ARMY | BCMR | CY2014 | 20140015580
Documents provided by the applicant show he returned from Vietnam on leave in April 1970 and suffered a seizure. While the applicant has provided sufficient evidence to show that he was thrown from his bulldozer when it hit a land mine in Vietnam, he has not provided sufficient evidence to show that treatment for his immediate injuries were made a matter of record. While the applicant has provided evidence to show he was subsequently treated for a seizure disorder when he returned to the...