IN THE CASE OF:
BOARD DATE: 27 June 2013
DOCKET NUMBER: AR20120022333
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 he was injured during a grenade attack while near Saigon when someone threw a grenade injuring him in the left arm. He states he was airlifted to the hospital in Saigon and he believes he should be awarded the Purple Heart for injuries sustained by the enemy.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and his Department of Veterans Affairs (VA) compensation award.
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 9 August 1967. He completed basic training at Fort Bliss, Texas, and advanced individual training as a cannon crewman at Fort Sill, Oklahoma, before being transferred to Vietnam on 18 January 1968 for assignment to the 2nd Battalion, 40th Artillery Regiment, 199th Light Infantry Brigade.
3. He served in Vietnam until 16 January 1969 when he was transferred to Fort Carson, Colorado. He was honorably released from active duty on 8 August 1969 due to the expiration of his term of service. He completed 2 years of active service. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal with five bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and Valorous Unit Award.
4. A review of his official records failed to show any evidence of being wounded or being awarded the Purple Heart. Additionally, his name is not on the Vietnam casualty listing.
5. A review of his separation physical examination indicates he had an injury to his left arm on 23 December 1968 in Vietnam but provides no details of the injury.
6. The VA compensation award provided by the applicant shows he received a 20-percent disability rating for a shell fragment wound to his left arm.
7. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained 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:
1. While the sincerity of the applicant's claim that he was injured as a result of enemy action in Vietnam is not in doubt, he has failed to sufficiently show through the evidence of record and the evidence submitted with his application that such was the case and that treatment was made a matter of record.
2. In the absence of evidence to the contrary, there appears to be no basis to grant his request for award of 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 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) AR20120022333
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120022333
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120023038
The applicant provides: * a self-authored memoir of what occurred before, during, and after his Saigon trip * a statement of support from another individual * Congressional correspondence * DD Form 214 * Honorable Discharge Certificate * Discharge orders from the U.S. Army Reserve (USAR) * Letter of appreciation * Court Order for change of name * Statement in support of Department of Veterans Affairs (VA) claim * Letter from the National Personnel Records Center CONSIDERATION OF EVIDENCE: 1....
ARMY | BCMR | CY2011 | 20110020575
Staff Sergeant (SSG) M states he was the tank commander and the applicant was a tank crewman and loader on the A-16, M48A3 Tank on the day they were both injured. His request for award of the Purple Heart was carefully considered; however, it is not supported by the available evidence of record. Two of the three witness statements submitted by the applicant, from his former tank commander and platoon leader, corroborate being with the applicant on the day he was wounded in the arm and...
ARMY | BCMR | CY2009 | 20090003577
The available evidence shows the applicant suffered an injury to his foot as a result of a grenade explosion in the Republic of Vietnam on 14 September 1970 and that he was treated at various hospitals for this wound. In fact, none of the medical forms prepared at the different hospitals indicates that his wound was a result of hostile action. In the absence of documentation that conclusively show his grenade injury was a result of hostile action, there is insufficient evidence upon which...
ARMY | BCMR | CY2011 | 20110014610
The applicant states: * he served on active duty in the U.S. Army from 3 April 1969 through 2 April 1971 * on 2 February 1970, he incurred and was later diagnosed with residual shell fragment wound, left leg, left foot, left side, and right thigh * his wounds were the result of a fragmentation hand grenade exploding also injuring another Soldier * he received medical treatment at the local medical hospital and he was presented the Purple Heart by a captain assigned to the...
ARMY | BCMR | CY2010 | 20100015611
Item 41 (Awards and Decorations) of this form does not list the Purple Heart or the CIB. Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. Notwithstanding his sincerity, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of hostile action and treated for...
ARMY | BCMR | CY2014 | 20140016275
The applicant provides copies of the following: * two Standard Forms (SF) 88 (Report of Medical Examination) * two SFs 89 (Report of Medical History) * medical history * International Certificates of Vaccination * five SFs 600 (Health Record Chronological Record of Medical Care) * SF 539 (Clinical Record Abbreviated Clinical Record) * dental record * letter of commendation * SF 602 (Health Record Dental Clinic) * DA Form 3082-R (Statement of Medical Condition) * DD Form 214 (Armed...
ARMY | BCMR | CY2002 | 2002077901C070215
There were no orders in the applicant's service personnel records awarding him the Purple Heart. In his reply to the applicant, the MC wrote, "The Purple Heart is awarded to those persons who were wounded or injured as a direct result of hostile action of an enemy of the United States. c. by amending the applicant's DD Form 214, block 24, to read as follows: "National Defense Service Medal; Vietnam Service Medal with 4 bronze service stars; Republic of Vietnam Campaign Medal with 60...
ARMY | BCMR | CY2011 | 20110024889
The applicant requests two awards of the Purple Heart and three awards of the Bronze Star Medal. His medical record further indicates he received treatment for this injury at various military hospitals from 1971 through the end of 1972. There is also no evidence of record and the applicant did not provide any evidence that shows he was recommended for or awarded any Bronze Star Medals during his service in Vietnam.
ARMY | BCMR | CY2012 | 20120001835
The applicant states he is requesting award of the Purple Heart for injuries he received resulting from an engagement by hostile forces on 10 April 1971 at the enlisted men's club, Vietnam, during a grenade attack. There is no evidence of record and the applicant did not provide any evidence that shows he was awarded the Purple Heart. Notwithstanding the applicant's sincerity, in the absence of documentation that conclusively shows he was wounded or injured as a result of enemy action or...
ARMY | BCMR | CY2012 | 20120009119
Application for correction of military records (with supporting documents provided, if any). The applicant's DA Form 20 (Enlisted Qualification Record) shows: * Item 31 (Foreign Service), U.S. Army Pacific, Vietnam, 11 December 1967 to 2 February 1969 * Item 38 (Assignments), he was assigned to the following units while in the Republic of Vietnam: * 11th Supply Company (Repair Parts), 7 December 1967 31 August 1968 * U.S. Army Depot, Long Binh, 1 September 1968 to 2 February 1969 * Item 40...