Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130007856
Original file (20130007856.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:  9 January 2014

		DOCKET NUMBER:  AR20130007856 


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, through a Member of Congress, award of the Purple Heart (PH).

2.  The applicant states his exam taken on 20 July 2010 shows the blast explosion caused his tinnitus and chronic benign paroxysmal positional vertigo.

3.  The applicant provides:

* 4-page Congressional Inquiry with Privacy Act Statement
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* letter of support
* witness statement

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 31 January 1967.  He was trained in and awarded military occupational specialty 64B (Truck Driver).

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 10 October 1968 to 8 March 1969, while assigned to the 172nd Transportation Company.  Item 40 (Wounds) contains no entries.

4.  His record does not contain an order or any other documents indicating he was ever recommended for or awarded the PH by proper authority.

5.  On 8 March 1969, the applicant was honorably released from active duty after completing 1 year, 11 months, and 17 days of creditable active duty service. 

6.  The applicant provides a letter of support dated 21 January 2013 from an individual who indicates he thought the applicant was suffering from the heat, in July 2011, when he saw the applicant who was a little disoriented, stumble and almost fall to his knees, catch himself on the counter, regain his balance, get a drink of water, and then go home.

7.  The same letter of support includes a statement from the applicant wherein he noted this was just one of the things he had to watch for and that his condition was not caused by the heat.  He also indicated he saw the doctor the next day.

8.  The applicant provides a witness statement from an individual who recalls the night a Russian rocket was fired and landed in their motor pool.  It also includes a statement from the applicant which shows that he indicated he was hit by a small piece of shrapnel in his face and said he was okay.

9.  During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam Casualty Roster.  There is no entry pertaining to the applicant.

10.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH.  It states that 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 the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:

1.  There is no evidence to show he suffered from a combat wound as a result of enemy action.  Item 40 of the applicant's DA Form 20 is blank and his name is not included on the Vietnam Casualty Roster, the official DA list of RVN battle casualties.  In addition, the evidence he provides contains no evidence to show the applicant was wounded in action and medically treated for any wounding.  Absent evidence to corroborate that he was wounded as a result of enemy action and that he was treated for those wounds by military medical personnel while serving in the RVN the evidence he provides is insufficient to show he met the criteria for award of the Purple Heart.

2.  The applicant and all others concerned should know that 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 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)                                         AR20130007856





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130007856



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090008616

    Original file (20090008616.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). It states, in pertinent part, that 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 the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record. In order to justify correction of a military record the applicant must...

  • ARMY | BCMR | CY2005 | 20050017120C070206

    Original file (20050017120C070206.doc) Auto-classification: Denied

    The applicant states, in effect, that he requests to be awarded the PH for wounds he received during the heat of battle. There are no documents on file in the applicant's record that show he was ever recommended for, or awarded the PH by proper authority while he was serving on active duty. The evidence of record contains no documentary evidence that confirms the applicant was wounded as a direct result of enemy action, or that he was ever recommended, or awarded the PH by proper authority...

  • ARMY | BCMR | CY2008 | 20080013829

    Original file (20080013829.txt) Auto-classification: Denied

    The applicant’s Enlisted Qualification Record (DA Form 20) includes an entry in Item 31 (Foreign Service) that shows he served in the RVN from 12 October 1969 through 16 February 1970. The PH guidance contained in the awards regulation further states that accidents, to include accidental wounding, not related to or caused by enemy action clearly do not qualify for award of the PH. Item 40 of the applicant's DA Form 20 is blank, which indicates he was never wounded in action, and the PH is...

  • ARMY | BCMR | CY2008 | 20080016968

    Original file (20080016968.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). Absent any evidence of record confirming that the head wound the applicant suffered referred to in the third-party statement was received as a result of enemy action, or that he was ever treated for a combat-related wound or injury while serving in the RVN, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case. In order to justify correction of a...

  • ARMY | BCMR | CY2011 | 20110016343

    Original file (20110016343.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). By regulation, 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 medical personnel, and a record of the medical treatment must have been made a matter of official record. The applicant’s record is void of any entries or documents corroborating his claim that he was...

  • ARMY | BCMR | CY2009 | 20090011963

    Original file (20090011963.txt) Auto-classification: Denied

    The applicant states he was wounded in Vietnam and he was never awarded a PH. Additionally, there is no evidence of record and the applicant did not provide any evidence to support meeting the criteria for the award of the PH based on friendly fire as stated in applicable Army regulations. Absent any evidence of record confirming the applicant was wounded in action or treated for a combat-related wound while serving in Vietnam, the regulatory burden of proof necessary to support award of...

  • ARMY | BCMR | CY2008 | 20080001949

    Original file (20080001949.txt) Auto-classification: Denied

    The applicant provides the following documents in support of his application: Enlistment Record (DD Form 4); Enlisted Qualification Record (DA Form 20); promotion and award orders; Report of Medical Examination (SF 88), dated 20 September 1965; Report of Medical History (SF 89), dated 20 September 1965; Military Medical Record treatment records; and separation document (DD Form 214). Absent any evidence of record confirming the applicant was wounded in action or treated for a combat-related...

  • ARMY | BCMR | CY2013 | 20130012636

    Original file (20130012636.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Absent evidence to confirm he was wounded as a result of enemy action and that he was treated for those wounds by military medical personnel while serving in the RVN and that treatment was made a matter of record the evidence he provides is insufficient to show he met the criteria for award of the Purple Heart.

  • ARMY | BCMR | CY2008 | 20080006641

    Original file (20080006641.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). 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. _______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.

  • ARMY | BCMR | CY2008 | 20080019618

    Original file (20080019618.txt) Auto-classification: Denied

    The applicant provides the following documents in support of her application: Self-Authored Statement; Army Review Boards Agency (ARBA) Letter, dated 25 August 2008; Certificate of Death; Certificate of Marriage; United States Army Human Resources Command (HRC) Letter, dated 31 January 2008; Certificates of Release or Discharge From Active Duty (DD Forms 214); Department of Veterans Affairs (VA) Rating Decisions, dated 25 May 2006 and 17 December 2007; Bronze Star Medal (BSM) Citation;...