IN THE CASE OF:
BOARD DATE: 20 February 2014
DOCKET NUMBER: AR20130011421
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.
2. The applicant states he was not awarded the Purple Heart and it is not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
3. The applicant provides copies of his DD Form 214 and Department of Veteran Affairs (VA) Rating Decision.
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 28 October 1966 and held military occupational specialty 76W (petroleum storage specialist). He served in Vietnam from 23 March 1967 through 22 October 1968.
3. He was released from active duty on 16 October 1968. He completed 1 year, 11 months, and 19 days of net active service with no time lost. His DD Form 214 lists the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device 1960
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* three overseas service bars
4. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Records) does not show he was wounded in action while serving in Vietnam. Item 41 (Awards and Decorations) of this form does not list the Purple Heart.
5. There are no orders in his records authorizing or awarding him the Purple Heart.
6. His Standard Form 88 (Report of Medical Examination), dated 16 October 1968, does not indicated he sustained an injury or wound during this period of service.
7. His complete medical records are not available for review with this case and his name is not shown on the Vietnam casualty roster.
8. He provided a copy of his VA Rating Decision, dated 17 July 2012, which shows he was awarded a service-connection disability rating of zero percent for residuals of a gunshot wound to the right leg to include scaring. The decision stated the applicant reported that he had sustained a through and through gunshot wound to his right leg in 1967 while serving in Vietnam.
9. A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 Purple Heart pertaining to the applicant.
10. 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 complete 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, there is insufficient evidence to award of the Purple Heart and its addition to his DD Form 214 at this time.
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) AR20130011421
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130011421
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2007 | 20070013194
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 31 January 2008 DOCKET NUMBER: AR20070013194 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. There are no orders in the applicants service personnel records that show he was awarded the Purple Heart. There are no general orders that show the applicant was awarded the Purple Heart, there is no evidence in...
ARMY | BCMR | CY2013 | 20130022240
Application for correction of military records (with supporting documents provided, if any). He states: * He should have received a Purple Heart for an injury he sustained in Vietnam, and he received a medical discharge * He was shot in his right ankle and knee on 1 February 1967; he was in Bien Hoa, Vietnam * He was medically retired on 20 September 1968; as a result of the injury sustained from the gunshot wound he is a below-the-knee (BK) amputee 3. However, his service record is void...
ARMY | BCMR | CY2008 | 20080014396
The applicants DD Form 214 (Report of Transfer or Discharge) for the period ending 14 June 1968 does not show the Purple Heart as an authorized award. There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. There is no evidence in the applicant's service personnel record which shows that he was wounded or injured as a result of hostile action in Vietnam.
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 | CY2012 | 20120012398
The applicant requests award of the Purple Heart. There are no medical records in his official military personnel file that show he was wounded as a result of hostile action in Vietnam. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.
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 | CY2013 | 20130017650
A DA Form 2173 (Statement of Medical Examination and Duty Status), dated 1 October 1968, wherein the applicant stated that he sustained a gunshot wound to his right foot while cleaning his weapon; however, the executive officer noted that the magazine was still in the weapon and there was no cleaning equipment near the applicant at the time of the incident. The applicant requests correction of his DD Form 214 to show he was awarded the Purple Heart. His records are void of evidence and he...
ARMY | BCMR | CY2011 | 20110010388
The applicant states he was awarded the Purple Heart in Vietnam and he feels it should be listed on his DD Form 214. This was markedly aggravated by a fall on the left shoulder subsequent to a bullet wound injury involving the right and left lower legs while engaged in combat in RVN. The evidence of record shows the applicant was awarded the Vietnam Service Medal.
ARMY | BCMR | CY2004 | 040008206C070208
The letter informed the Soldier of the requirements for award of the Purple Heart and then stated that “since there is no official records that you were wounded in action, you may not be awarded the Purple Heart.” 5. Unfortunately, in the absence of such evidence, there is no basis for an award of the Purple Heart. Although the Department of Veterans Affairs may have awarded the former Soldier disability compensation, it does not serve as evidence that he was wounded as a result of hostile...
ARMY | BCMR | CY2002 | 2002081117C070215
He contends that the Army Board for Correction of Military Records (ABCMR) awarded him a second award of the Purple Heart for a separate bullet wound to his head on 14 February 1968. The applicant also provided an application for correction of his military records, dated 17 April 2003, which requests award of the Purple Heart for a right The applicant provided a second application for correction of his military records, dated 17 April 2003, which requests award of the Purple Heart for a...