IN THE CASE OF:
BOARD DATE: 3 September 2013
DOCKET NUMBER: AR20130002021
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 that he be awarded the Purple Heart.
2. The applicant states that he was wounded in Vietnam on 2 December 1970 and was presented with the Purple Heart during Stand-Down at the end of the month; however, he was never given the orders to go with the medal. He goes on to state that he was X-rayed for shrapnel in the chest on 6 December 1970 in a hospital in Chu Lai.
3. The applicant provides illegible copies of letters sent to his home at the time, an illegible photograph, a statement from a member of his unit who was present and wounded at the same time and copies of documents from his records.
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 on 9 March 1970. He completed his one-station unit training as a light weapons infantryman at Fort Lewis, Washington and was transferred to Vietnam on 23 August 1970.
3. He was assigned to Company D, 3rd Battalion, 21st Infantry Regiment, 23rd Infantry Division for duty as an automatic rifleman. He was promoted to the rank of sergeant on 4 August 1971.
4. He departed Vietnam on 18 August 1971 for assignment to Fort Hood, Texas where he remained until he was honorably released from active duty (REFRAD) on 18 November 1971. He had served 1 year, and 8 months of active duty and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal with one bronze service star, Republic of Vietnam Campaign Medal, Army Commendation Medal with one oak leaf cluster, and the Combat Infantryman Badge.
5. A review of his official records shows no evidence of the applicant being wounded while in Vietnam or being transferred to a medical facility for treatment. Additionally, his name is not contained on the Vietnam Casualty Listing and there is no evidence of orders being published awarding him the Purple Heart.
6. The letter provided by the applicant with his application from a member of his unit indicates that the other member was evacuated with another member of their squad and the applicant elected to remain behind due to the shortage of men. He indicates that the applicant received shrapnel wounds to the chest.
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 applicants claim that he was wounded as a result of enemy action is not in doubt, there is insufficient evidence to show that he qualifies for award of the Purple Heart.
2. The available records failed to show any evidence that the applicant was wounded or that treatment for such wounds was made a matter of record.
3. While the applicant claims he was X-rayed in a hospital in Vietnam, obtaining an x-ray does not constitute treatment for a wound.
4. Regrettably, in the absence of such evidence there appears to be no basis to award him 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 that 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 that this action in no way diminishes the sacrifices made by the applicant 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) AR20130002021
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130002021
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140017178
Specifically, he requests: * award of the Purple Heart for wounds received during his service in the Republic of Vietnam * correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Purple Heart * correction of his DD Form 214 to show he was separated in the rank/grade of sergeant (SGT)/E-5, vice specialist four (SP4)/E-4 2. The applicant states: * in March 1970, he was setting up Landing Zone (LZ) Caroline when the unit came...
ARMY | BCMR | CY2009 | 20090001981
The VA's Compensation and Pension Exam Hospital Summary shows that on 26 March 1969, the applicant was admitted with a chief complaint of pain at left ankle area where he had an old gunshot wound. The applicant's military service records do not contain any general orders awarding him the Purple Heart. There are no medical records available which show that the applicant was wounded or treated for wounds as a result of hostile action during his service in Vietnam.
ARMY | BCMR | CY2012 | 20120023010
He provides eyewitness statements from fellow Soldiers attesting the applicant ignored his own two wounds to treat wounded Soldiers on 30 June 1970. There is no evidence of record which shows he was wounded as a result of hostile action in Vietnam. Regrettably, in the absence of corroborating evidence showing he was wounded as a result of friendly fire in Vietnam, the eyewitness statements provided by the applicant are not sufficient as a basis for awarding the Purple Heart.
ARMY | BCMR | CY2011 | 20110012856
The applicant requests reconsideration of his earlier request for correction of his military records to show award of the Purple Heart for wounds received in action in the Republic of Vietnam (RVN). The VA Rating Decision provided by the applicant is new evidence that should be considered by the Board. The original Record of Proceedings states: a. the applicant's DA Form 20 (Enlisted Qualification Record) does not show he was wounded; b. there was an absence of evidence showing the...
ARMY | BCMR | CY2012 | 20120009773
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: * Bronze Star Medal * Purple Heart 2. The applicant's request for correction of his DD Form 214 to show award of the Bronze Star Medal and Purple Heart was carefully considered. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (First...
ARMY | BCMR | CY2013 | 20130014580
The applicant requests award of the Purple Heart for shrapnel wounds he received in Vietnam on 6 April 1971. While the sincerity of the applicant's claim that he was wounded in action in Vietnam is not in doubt, he failed to show through the evidence submitted with his application and the evidence of record that he was treated for his injuries and that the treatment was made a matter of record. ____________X____________ CHAIRPERSON I certify that herein is recorded the true and complete...
ARMY | BCMR | CY2008 | 20080019021
The evidence provided by the applicant was carefully considered; however, 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. Regrettably, absent evidence which conclusively shows that the applicant was wounded or injured as a result of hostile action, that he was treated by medical personnel at the time for wounds or injuries sustained as a result of...
ARMY | BCMR | CY1997 | 9709046
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant requests that his records be corrected to show that he was awarded the Purple Heart for shrapnel wounds he received in combat in Vietnam on 6 October 1971. The applicant’s medical records clearly show that he was wounded in action by the enemy on 6 October 1971 while serving in Vietnam.
ARMY | BCMR | CY2013 | 20130013613
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 orders or other evidence that shows he was awarded the Purple Heart. The applicant contends that his records should be corrected to show award of the Purple Heart because he was injured by shrapnel while serving in the Republic of Vietnam.
ARMY | BCMR | CY2009 | 20090003882
The applicant states, in effect, that he should have been awarded the Purple Heart for wounds he received in Vietnam on 4 March and on 2 November 1968. The evidence does show the applicant complained of shrapnel in his chest; however, the medical records entry does not form a basis for award of the Purple Heart to him. The Standard Form 513 the applicant submitted to support his request for award of the Purple Heart for an injury he states he sustained on 2 November 1968 as a result of an...