IN THE CASE OF:
BOARD DATE: 6 March 2014
DOCKET NUMBER: AR20130012034
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 he be awarded the Purple Heart and that it be added to his records.
2. The applicant states that he was wounded in combat in Vietnam on 6 June 1971, but he was not awarded the Purple Heart. He sought help while in the service and he was told it would be investigated; however, he never received a response.
3. The applicant provides no additional documents with his application.
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 applicants records, though somewhat incomplete regarding his Regular Army (RA) service, show that he enlisted in the RA on 15 June 1970 for a period of 3 years.
3. He completed his training as a light weapons infantryman and then airborne training at Fort Benning, Georgia. He served in Vietnam during the period
3 March to 2 August 1971.
4. On 14 June 1973, he was honorably released from active duty (REFRAD) at Fort Campbell, Kentucky due to the expiration of his term of service. He had served 3 years of total active service and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal with two campaign stars, and the Combat Infantryman Badge.
5. A review of the available records failed to show any evidence that he was wounded or injured or that treatment was made a matter of record. Additionally, his name is not listed on the Vietnam Casualty Listing.
6. The applicant was transferred to the U.S. Army Reserve where he served through a series of continuous reenlistments and on 5 December 2010 he was transferred to the Army of the United States Retired List in the pay grade of E-6.
7. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments. 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.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicant's claim that he was wounded in Vietnam is not in doubt, he has failed to show through the evidence of record or evidence submitted with his application that such was the case.
2. Therefore, in the absence of evidence to show he was wounded as a result of enemy action and treatment for such wounds were made a matter of record, there appears to be no basis to grant his request to award the Purple Heart.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ____x___ ___x ____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20130012034
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130012034
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110015732
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his records to show he was wounded in action in Vietnam and that he was awarded the Purple Heart. A review of the applicant's military personnel records failed to reveal any evidence he was authorized or awarded the Purple Heart.
ARMY | BCMR | CY2010 | 20100023516
His contemporaneous DA Form 20 (Enlisted Qualification Record) shows the following entries: * item 38 (Record of Assignments) shows he was transferred from Vietnam on 14 February 1968 to the 106th General Hospital, Japan in a patient status; however, the nature of his injury/illness is undetermined * item 40 (Wounds) does not list any combat injuries * item 41 (Awards and Decorations) does not list the Purple Heart 7. His service record is void of any orders that show he was awarded the...
ARMY | BCMR | CY2009 | 20090014568
Application for correction of military records (with supporting documents provided, if any). Item 24 does not show award of the Purple Heart. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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 | 20110024889
The applicant requests two awards of the Purple Heart and three awards of the Bronze Star Medal. His medical record further indicates he received treatment for this injury at various military hospitals from 1971 through the end of 1972. There is also no evidence of record and the applicant did not provide any evidence that shows he was recommended for or awarded any Bronze Star Medals during his service in Vietnam.
ARMY | BCMR | CY2010 | 20100015031
Appendix B of Army Regulation 600-8-22 (Military Awards) shows during his service in Vietnam (from on or about 2 March 1971 to on or about 26 January 1972), he participated in the Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971), Consolidation I (1 July to 30 November 1971), and Consolidation II (1 December 1971 to 29 March 1972) campaigns. The evidence of record shows he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2011 | AR20080017432
The applicant requests, in effect, correction of his records to show award of the Purple Heart. The applicant's military personnel records contain a copy of his DD Form 214 that shows he entered active duty this period on 13 February 1964. There is no evidence in the applicants military personnel records that shows he was wounded or treated for wounds as a result of hostile action; his DA Form 20 does not show an entry in item 40 or list the Purple Heart in item 41; his DA Form 2-1 does...
ARMY | BCMR | CY2014 | 20140002157
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending on 14 December 1973 to show the: * Bronze Star Medal * Purple Heart * Joint Service Commendation Medal * Army Commendation Medal * Korea Defense Service Medal 2. However, in the absence of orders or documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, in addition to a record of treatment and that...
ARMY | BCMR | CY2009 | 20090016952
There are no general orders in his records that show he was awarded the Purple Heart. His name is not shown on the Vietnam casualty roster, his record is void of any orders that show he was awarded the Purple Heart, and his available medical records do not show any wounds or injuries resulting from hostile action. Regrettably, absent evidence which conclusively shows that he sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those...
ARMY | BCMR | CY2014 | 20140005760
His official military personnel file (OMPF) contains a DA Form 20 (Enlisted Qualification Record) covering the period 24 January 1969 to 1 December 1974 that shows in: * item 38 (Record of Assignments) he was assigned to the 21st Aviation Company in the Republic of Vietnam from 28 January 1971 to 3 November 1971 * item 40 (Wounds) no entries describing wounds or injuries received as a result of enemy action that required medical treatment * item 41 (awards and Decorations) no entry...
ARMY | BCMR | CY2014 | 20140003736,
Application for correction of military records (with supporting documents provided, if any). Item 41 (Awards and Decorations) of this form lists all the awards shown on his DD Form 214 and includes the Air Medal (2nd Award) and the Combat Infantryman Badge. Notwithstanding item 40 of an SF 88 contained in the applicant's record, wherein he stated he sustained shrapnel wounds, and the statements provided by two former members of his unit, the evidence does not sufficiently show he was...