BOARD DATE: 18 July 2013
DOCKET NUMBER: AR20120022411
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 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this medal.
2. The applicant states he should have received the Purple Heart. He was wounded in action on the same day as the action for which he received the Bronze Star Medal with "V" Device for valor (15 February 1967).
3. The applicant indicated he was attaching his DD Form 214, a statement from H____ K____, and a self-authored statement; however, these documents were not provided with his application.
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 23 November 1965. He was awarded military occupational specialty 11B (Light Weapons Infantryman) upon completion of initial entry training.
3. General Orders Number 995 issued by Headquarters, 4th Infantry Division, dated 19 May 1967, awarded him the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force on 15 February 1967. He was cited for placing devastating fire on enemy positions and rendering assistance to wounded comrades. The narrative reason does not indicate he was wounded in action.
4. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 31 (Foreign Service) he was credited with service in Vietnam from 21 July 1966 to 7 June 1967
* item 38 (Record of Assignments) he was assigned as an assistant gunner and a grenadier in Company B, 1st Battalion, 12th Infantry, 4th Infantry Division, Vietnam, during the period 21 July 1966 to 6 June 1967
* item 40 (Wounds) no identified battle wounds
5. A review of the Vietnam casualty list did not reveal the applicant's name.
6. He was honorably released from active duty on 22 November 1967. His DD Form 214 does not show award of the Purple Heart.
7. His record is void of any documents that indicate he was ever wounded in action.
8. 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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for award of the Purple Heart pertaining to the applicant.
9. 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. The applicant contends he was wounded in action while serving in Vietnam. However, there is no evidence of record and he did not provide any evidence that he incurred an injury as the result of hostile action.
2. In the absence of documentary evidence to show he was wounded or injured as a result of hostile action, treated for such wounds, or that the medical treatment was made a matter of official record, there is no basis for awarding him the Purple Heart in this case.
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 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) AR20120022411
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120022411
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080004884
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 21 November 1967 to show award of two Purple Hearts [correctly known as the Purple Heart First Oak Leaf Cluster] and the Bronze Star Medal with "V" Device. Evidence of record shows the applicant was awarded the Bronze Star Medal with "V" Device. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2010 | 20100024833
The applicant states he was wounded in Vietnam and his medical records prove it. In the absence of documentary evidence that shows he was wounded as a result of hostile action and treated for those wounds, regrettably, there is insufficient evidence upon which to base award of the Purple Heart. Nevertheless, this action in no way diminishes the sacrifices made by the applicant in service to our Nation.
ARMY | BCMR | CY2013 | 20130001915
The applicant requests award of the Purple Heart and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and Bronze Star Medal (BSM) with "V" Device. Although there are no orders awarding the applicant the Purple Heart and the applicant's name is not contained on the Vietnam casualty listing, there is sufficient evidence to show he was wounded in action against the enemy and evacuated to medical facilities for...
ARMY | BCMR | CY2010 | 20100008438
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. Regrettably, in the absence of evidence of a wound received from a hostile action requiring treatment by a medical officer and such treatment was made a matter of official record, there is no basis for granting the applicant's request for award of the Purple...
ARMY | BCMR | CY2008 | 20080015568
There are no orders in the applicants military service records showing award of the Purple Heart. The evidence of record shows that the applicant was wounded in action, on 13 May 1967, having sustained multiple fragment wounds to the right arm and right leg while on a combat operation in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Purple Heart for wounds received as a result...
ARMY | BCMR | CY2011 | 20110002010
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, Bronze Star Medal, and Army Commendation Medal with "V" Device. The available records show he was awarded the Vietnam Service Medal and that he participated in two campaigns while serving in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Bronze...
ARMY | BCMR | CY2014 | 20140018235
Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him...
ARMY | BCMR | CY2011 | 20110020645
Application for correction of military records (with supporting documents provided, if any). 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 he was authorized or awarded the Purple Heart.
ARMY | BCMR | CY2014 | 20140012154
f. The ROP stated that his medical records were not available for the time he was in Vietnam and that his personnel records were void of nearly all documentation related to Vietnam. He has the Army Commendation Medal, shrapnel still in his arm, and the Board states he needs more proof. There is no available evidence of record and the applicant did not provide sufficient evidence provided showing he show he sustained a wound/injury as a result of enemy action, received treatment, and that...
ARMY | BCMR | CY2014 | 20140017504
These orders show he was awarded the Purple Heart for wounds received in the Republic of Vietnam on 7 November 1966. Additionally, General Orders Number 20, issued by Headquarters, 18th Surgical Hospital on 10 November 1966, show he was awarded the Purple Heart for wounds he received on 7 November 1966. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by deleting the Vietnam Service Medal and...