BOARD DATE: 15 October 2013
DOCKET NUMBER: AR20130003719
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 the award of the Purple Heart be removed from his DD Form 214.
2. The applicant states, in effect, that he desires to have the award of the Purple Heart removed from his DD Form 214 as he does not desire to be buried with any unearned awards. He goes on to state that his pistol fell out of his shoulder holster when he bent over and struck the hammer, causing the gun to go off and the round went through his right leg. He continues by stating that the wound was not serious and he bandaged it himself and proceeded to Da Nang where he found an aid station and was treated. He further states that he continued to take care of the wound himself as he was previously a medic during his first 8 years of service. When questioned about any wounds he simply stated that he had a gunshot wound to the right leg but made no mention of a Purple Heart being awarded. However, his records were prepared to reflect the Purple Heart.
3. The applicant provides a statement explaining his application; newspaper clippings; a copy of his DD Form 214, dated 7 December 1964; recommendations and citations for other awards; photographs of himself being awarded other awards; and photographs of his uniform as prepared for his burial without the award of the Purple Heart.
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 enlisted in the Regular Army on 30 November 1948 and continued to serve through a series of reenlistments. He served in Vietnam during the period of 12 September 1963 to 1 September 1964.
3. His Enlisted Qualification Record (DA Form 20) contains entries indicating that he received a gunshot wound in the right leg in Vietnam on 22 July 1964 and that the authority for award of the Purple Heart was a DD Form 214.
4. On 7 December 1964, he was honorably discharged for the purpose of immediate reenlistment. His DD Form 214 issued at the time of his discharge shows the award of the Purple Heart and indicates in block 27 (Wounds Received as a Result of Action with Enemy Forces) the entry Gunshot Wound right leg, 22 July 1964, Vietnam.
5. On 8 December 1967, he was again honorably discharged for the purpose of immediate reenlistment and his DD Form 214 issued at the time of his discharge contains the entry Gunshot Wound right leg, (Vietnam) 22 July 1964.
6. On 30 June 1970, he was honorably retired by reason of sufficient service for retirement in the rank of sergeant major. He had served 21 years, 5 months, and 26 days of active service. He was transferred to the Retired List effective 1 July 1970.
7. A review of the applicant's official records failed to show any orders awarding him the Purple Heart or any evidence other than the entry on his DA Form 20 to show he was wounded as a result of enemy action. Additionally, his name is not contained on the Vietnam casualty listing.
8. 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. Announcement in orders is required for award of the Purple Heart.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the award of the Purple Heart should be removed from his DD Form 214 has been noted and appears to have merit.
2. There is no record of the applicant being actually wounded as a result of enemy action or orders being published for such an award.
3. By the applicants own admission, his wound was self-inflicted by accident and does not qualify for award of the Purple Heart.
4. Accordingly, his DD Forms 214, dated 7 December 1964 and 8 December 1967, should be corrected by deleting the Purple Heart and the entry Gunshot wound right leg 22 July 1964, Vietnam.
BOARD VOTE:
__X___ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the Purple Heart and the entry Gunshot wound right leg, 22 July 1964, Vietnam from his DD Forms 214, dated 7 December 1964, and 8 December 1967.
_______ _ 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) AR20130003719
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130003719
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090004795
His DA Form 20 (Enlisted Personnel Record) shows service in Vietnam from 7 September 1967 through 15 May 1968, with assignment to: a. Therefore, the applicant's records should be corrected to show this unit award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from Item 24 of the applicant's DD Form 214 the Vietnam Service Medal with 2 bronze service stars; b. adding to Item 24 of the applicant's DD Form...
ARMY | BCMR | CY2007 | AR20070003735C071029
The applicant requests award of the Purple Heart and Combat Infantryman Badge. United States Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for gunshot wounds that he sustained to his left leg and hip on 2 August 1966, while serving in Vietnam, in pay grade...
ARMY | BCMR | CY2013 | 20130009925
The applicant requests: * award of the Purple Heart for a combat wound in Vietnam in 1964 * award of the Purple Heart for a combat wound in Vietnam in 1969 * award of the Purple Heat for a punji stick combat injury in Vietnam * award of the Amphibious Landing Medal (i.e., the Arrowhead Device) 2. There are no medical records available. There is no evidence of record that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart.
ARMY | BCMR | CY2014 | 20140011377
Application for correction of military records (with supporting documents provided, if any). His records are void of a commander's disqualification that would have prevented him from being recommended for or awarded the Army Good Conduct Medal (1st Award) for his period of honorable service from 24 August 1964 through 17 August 1967. 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...
ARMY | BCMR | CY2012 | 20120010025
His record does include a Report of Medical History, dated 10 September 1968, showing he received a gunshot wound to the right leg in March 1968 while serving in Vietnam. The available evidence supports his request for correction of his DD Form 214 to show the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for the wound he incurred on 11 March 1968; b. deleting the VSM and...
ARMY | BCMR | CY2013 | 20130004462
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. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1...
ARMY | BCMR | CY2011 | 20110001166
The evidence of record shows the applicant sustained a gunshot wound to his leg in Vietnam and he was transferred from his Vietnam unit of assignment in a patient status for treatment. The evidence of record shows he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the...
ARMY | BCMR | CY2002 | 2002080050C070215
There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. Army Regulation 672-5-1 (Military Awards), in effect at the time of the applicant's service, provided that the Purple Heart is awarded for a wound sustained as a result of hostile action. However, the DA Form 1051 was not signed by a medical officer and it does not indicate that the applicant was a battle casualty or that his injury was the result of hostile actions or...
ARMY | BCMR | CY2010 | 20100021770
The applicant provides: a. The evidence in this case simply does not show that his wound was the result of enemy action or friendly fire and absent such evidence there is insufficient evidence in which to award him the Purple Heart at this time. Additionally, absent evidence to show that the applicant engaged the enemy in Vietnam while assigned to an infantry unit there is insufficient evidence to award him the CIB at this time as well.
ARMY | BCMR | CY2008 | 20080011854
Therefore, there is sufficient evidence to show that he is entitled to award of the Purple Heart and correction of his records to show this award. The evidence of record shows that the applicant served a qualifying period for award of the Republic of Vietnam Campaign Medal which is not shown on his records; therefore, he is entitled to correction of his records to show this award. The evidence of record shows the applicant was awarded the Vietnam Service Medal.