Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130007289
Original file (20130007289.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  17 December 2013

		DOCKET NUMBER:  AR20130007289 


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 its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he was blown up by a mine in the Mekong Delta and he was taken to the Tan Son Nhut Air Base in Saigon.  The Purple Heart was never added to his DD Form 214.  He was on temporary duty in a lot of places while serving in Vietnam, that’s why his records never caught up with him.  He did not realize he could get the Purple Heart.  He was awarded a service-connected disability rating by the Department of Veterans Affairs (VA) for a back injury he sustained when he was blown up.  

3.  The applicant provides copies of his DD Form 214, DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), and a VA Rating Decision (page 3).

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 (AUS) on 8 February 1968.  He completed training and was awarded military occupational specialty 76P (stock control and account specialist).  He served in Vietnam from 10 July 1968 through 11 September 1969. 

3.  He was released from active duty on 13 September 1969 and was transferred to the U.S. Army Reserve Control Group (Annual Training).  He was credited with completing 1 year, 7 months, and 6 days of net active service of which 1 year, 2 months, and 4 days was foreign service.  His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Commendation Medal

4.  There is no entry in Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) showing he was wounded in action as a result of hostile action in Vietnam.  Item 41 (Awards and Decorations) of his DA Form 20 contains no entry showing he was awarded the Purple Heart.  Item 41 lists the same awards as shown on his DD Form 214.

5.  His medical records are not available for review with this case and his name is not shown on the Vietnam casualty roster.  

6.  On 9 October 2008, he was issued a DD Form 215 correcting item 10c (Date Inducted) of his 1969 DD Form 214 to show his correct year of entry into the AUS.

7.  He provided a copy of his VA Rating Decision (page 3) which shows he was awarded a permanent 100 percent service-connected disability rating for post-traumatic stress disorder with dysthymia and degenerative joint disease for a lumbar spine injury with an effective date of 18 July 2012.

8.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating 
evidence must be provided to verify that 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.  By regulation, to be awarded the Purple Heart it is necessary to establish that a Soldier was wounded or injured in action.  There must be evidence confirming the wound for which the award is being made was received as a direct result of, or was caused by enemy action, that the wound was treated by medical personnel, and a record of this treatment must have been made a matter of official record.

2.  His service record is void of any evidence that shows he was wounded or injured as a result of combat during his period of service in Vietnam.  His name does not appear on the Vietnam casualty listing and his DA Form 20 does not indicate he received a combat-related wound.  Additionally, his medical records, which are necessary to confirm that treatment was required, are not available for review.  

3.  Notwithstanding his contention and his sincerity, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.  Therefore, he is not entitled to award of the Purple Heart and its addition to his DD Form 214 at this time.

BOARD VOTE:

___X_____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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)                                         AR20130007289



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130007289



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090004870

    Original file (20090004870.txt) Auto-classification: Approved

    The applicant requests correction of his records to show he served in the Republic of Vietnam (RVN) and that he was awarded the Purple Heart. Records show the applicant served in the RVN from 8 February to 19 June 1969; however, item 30 of his DD Form 214 fails to document his service in Vietnam. There is no evidence in the applicant’s military personnel records that shows he was wounded as a result of hostile action; his DA Form 20 does not list the Purple Heart in item 41; the...

  • ARMY | BCMR | CY2008 | 20080016854

    Original file (20080016854.txt) Auto-classification: Denied

    Additionally, there is no evidence in his military records which shows that his next-of-kin were notified that he was wounded in action. The applicant's military records do not show that he was awarded the Bronze Star Medal. While the DA Form 1594 provided by the applicant essentially shows that a vehicle hit a mine, it did not indicate that the applicant was wounded, and only mentioned an SSG G____ by name.

  • ARMY | BCMR | CY2014 | 20140021340

    Original file (20140021340.txt) Auto-classification: Approved

    The applicant provides his DD Form 214, three third-party statements, eight DA Forms 1594 (Daily Staff Journal or Duty Officer's Log) pertaining to the 1st Battalion, 8th Cavalry covering the period 27-29 November 1968, and orders for the Air Medal. The applicant's military records are not available for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the Air Medal, Republic of Vietnam...

  • ARMY | BCMR | CY2013 | 20130009277

    Original file (20130009277.txt) Auto-classification: Denied

    Another wave hit and the last thing he remembers is hanging on to a safety chain along the boat in water up to his knees. Army Regulation 600-8-22 (Military Award) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Therefore, he is not entitled to award of the Purple Heart and its addition to his DD Form 214 at this time.

  • ARMY | BCMR | CY2002 | 2002072243C070403

    Original file (2002072243C070403.rtf) Auto-classification: Denied

    These awards are not shown on the applicant’s DD Form 214 and will be administratively corrected.Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. However, in the absence of orders or other evidence of record showing the applicant was wounded or treated for wounds as a result of hostile action, the Board determined that this medical report is not sufficient as a basis for award of the...

  • ARMY | BCMR | CY2012 | 20120022453

    Original file (20120022453.txt) Auto-classification: Denied

    Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110014555, on 12 January 2012. It also states in order to award the Purple Heart 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...

  • ARMY | BCMR | CY2008 | 20080005727

    Original file (20080005727.txt) Auto-classification: Denied

    There are no general orders in the applicant's records that show he was awarded the Purple Heart. In his undated self-authored statement, the applicant states that he served as a combat medic in the Republic of Vietnam and that he was awarded the Purple Heart during his recuperation at the 24th Evacuation Hospital from an knee injury he sustained in January 1968 during the TET Offensive. Nevertheless, there are no general orders that show he was awarded the Purple Heart and there is no...

  • ARMY | BCMR | CY2008 | 20080012770

    Original file (20080012770.txt) Auto-classification: Denied

    The applicant states, in effect, he sustained shrapnel wounds during a mortar and rocket attack on the evening of 26 March 1969 while stationed at Dong Tam base camp in the Republic of Vietnam (RVN). The applicant contends, in effect, that his request for award of the Purple Heart should be reconsidered based on new evidence he presents concerning shrapnel wounds he sustained during a mortar and rocket attack on the evening of 26 March 1969 while stationed at Dong Tam base camp in the RVN. ...

  • ARMY | BCMR | CY2010 | 20100009835

    Original file (20100009835.txt) Auto-classification: Denied

    Army Regulation 600-8-22 (Military Awards) provides the Purple Heart is awarded for a wound sustained as a result of hostile action. However, the evidence of record shows the applicant did not arrive in Vietnam until October 1966 and his service record does not include medical documents which show he was treated for wounds received as a result of hostile action. However, this document alone is insufficient as a basis to grant award of the Purple Heart in this case.

  • ARMY | BCMR | CY2014 | 20140012154

    Original file (20140012154.txt) Auto-classification: Denied

    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...