IN THE CASE OF:
BOARD DATE: 27 August 2013
DOCKET NUMBER: AR20130003140
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, in effect, the Purple Heart (PH) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states:
* He is requesting the PH for injuries sustained from an anti-personnel mine in the Republic of Vietnam (RVN)
* He was awarded the PH at a bedside pinning while in the hospital in Japan, but it was not documented on his DD Form 214
* His service treatment records reflect the combat nature of his injury and a severity level more than sufficient to be eligible for the award
3. The applicant provides no supporting 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. The applicant enlisted in the Regular Army on 15 April 1968 and was trained in and awarded military occupational specialty (MOS) 95B (Military Policeman). He was released from active duty on 14 April 1971.
3. The applicant's DD Form 214 shows:
* National Defense Service Medal (NDSM)
* Armed Forces Expeditionary Medal (AFEM)
* Army Good Conduct Medal (AGCM)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45)
4. Item 31 of the applicants DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Korea (ROK) for 13 months. There is no entry on the DA Form 20 for foreign service in the RVN.
5. The applicants Army Military Human Resource Record (AMHRR) is void of orders showing he was awarded the PH or documents indicating he was wounded in action in the RVN. It is also void of medical treatment records indicating he was ever treated for a combat-related wound. Item 40 (Wounds) of the applicants DA Form 20 is blank, and the PH is not included in the list of earned awards in item 41 (Awards and Decorations).
6. Review of the Adjutant General's Office, Casualty Division's casualty listing fails to show the applicant's name as a casualty. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 the PH pertaining to the applicant.
7. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. It states the PH is awarded to members wounded in action. It also states in order to award the PH there must be evidence of the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical personnel, and a record of the medical treatment was made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to be awarded the PH based on wounds received while on active duty has been carefully considered. However, there is insufficient evidence to support this claim.
2. There is no evidence in the the applicant AMHRR to show he served in the RVN. The applicants records show he served in the ROK for 13 months.
3. By regulation, in order to support award of the PH the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound must have required medical treatment by medical personnel, and this medical treatment must have been made a matter of official record.
4. Item 40 of the applicants DA Form 20 is blank. Further, there are no documents in the applicant's AMHRR that indicate he was treated for a combat-related wound by medical personnel during a tour of duty in the RVN.
5. Absent any evidence confirming the applicant served in the RVN or was wounded in action in the RVN, it would not be appropriate to award the applicant the PH.
6. The applicant and all others concerned should know this action related to award of the PH in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20130003140
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130003140
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2006 | 20060015049C071029
The applicant states, in effect, the FSM was wounded in combat in the Republic of Vietnam (RVN) and never received the PH. It states, in pertinent part, that in order to award a PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by military medical personnel, and a record of this medical treatment must have been made a matter of official record. Therefore, the Board requests that the...
ARMY | BCMR | CY2013 | 20130002494
Application for correction of military records (with supporting documents provided, if any). He completed 3 years of total active military service. Army Regulation 600-8-22 (Military Awards) states the PH is awarded to members wounded in action and states that in order to award the PH, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment...
ARMY | BCMR | CY2013 | 20130002166
Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the PH. In order to support award of the PH the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action. In the absence of official documentary evidence that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to award the PH in...
ARMY | BCMR | CY2009 | 20090000446
Item 40 of the applicant's DA Form 20 is blank, which indicates he was never wounded in action, and his record is void of any orders or other documents that show he was ever recommended for or awarded the PH by proper authority while serving on active duty. There are no medical treatment records on file that indicate he was ever treated for a combat-related wound or injury while serving in the RVN and the PH is not included in the list of awards contained on his DA Form 20 and/or DD Form...
ARMY | BCMR | CY2013 | 20130004052
The applicant states at the time he did not believe he was entitled to the PH. In order to support award of the PH the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action. In the absence of official documentary evidence that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to award the PH in this case.
ARMY | BCMR | CY2012 | 20120002620
Application for correction of military records (with supporting documents provided, if any). The DD Form 214 he was issued at the time shows he completed 2 years, 11 months, and 29 days of active military service. The applicants request for award of the PH has been carefully considered.
ARMY | BCMR | CY2012 | 20120010535
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) contains the Armys awards policy. The applicant and all others concerned to know that this action related to award of the PH in no way diminishes the sacrifices made by the applicant in service to our Nation.
ARMY | BCMR | CY2012 | 20120011344
Application for correction of military records (with supporting documents provided, if any). It states in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action; that it required treatment by military medical personnel; and a record of the medical treatment must have been made a matter of official record. The applicants request for award of the PH has been carefully considered.
ARMY | BCMR | CY2009 | 20090006270
Further, there are no orders or other documents on file in his record that indicate he was ever recommended for or awarded the PH by proper authority or that he ever pursued award of the PH while he was on active duty. Therefore, absent any evidence of record confirming the wound for which the applicant was treated was received as a result of enemy action, or that he was ever recommended for or awarded the PH by proper authority while serving on active duty, the regulatory burden of proof...
ARMY | BCMR | CY2012 | 20120010212
The DA Form 2-1 (Personnel Qualification Record) prepared during this enlistment on 2 March 1977 does not include the PH in the list of awards contained in item 9 (Awards, Decorations and Campaigns). It states in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, the wound must have required treatment by military medical personnel, and a record of the medical treatment must have been made a...