BOARD DATE: 22 May 2014
DOCKET NUMBER: AR20130016285
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 for wounds he received in combat in Vietnam.
2. The applicant states he has grenade fragments lodged in his right thigh from an injury he sustained while on a search and destroy mission in Vietnam. He contends his commanding officer overlooked his injury.
3. The applicant provides no additional evidence.
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. On 24 November 1965, the applicant was inducted into the Army of the United States. After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 38 (Record of Assignments) he was assigned to duty in Vietnam with Company A, 2d Battalion, 7th Cavalry Regiment, 1st Cavalry Division, from 9 May 1966 to 6 May 1967
* item 40 (Wounds) no entries showing he was wounded
* item 41 (Awards and Decorations) no entry for the Purple Heart
4. The applicant's records contain a DA Form 2173 (Statement of Medical Examination and Duty Status) which shows he sustained a fragment wound to his right thigh on 16 December 1966 in the Republic of Vietnam. His injury was determined to be in the line of duty. The applicant and his platoon sergeant provided statements regarding the circumstances of his injury.
a. The applicant stated his platoon sergeant told the squad leaders to have the Soldiers fire M-79 grenade rounds at a system of bunkers. He fired from a standing position at a bunker about 20 meters away and the explosion wounded his leg.
b. His platoon sergeant stated he directed the grenadiers to fire at the enemy positions. The applicant was 20 meters distance from one bunker when he fired from a standing position. The explosion wounded him in the leg. He noted that he had repeatedly stressed the fact that the grenadier should use the prone position to preclude being hit by fragments when firing the M-79 at close range.
5. On 22 November 1967, he was honorably released from active duty.
6. His military records do not contain documentation indicating he was wounded in action or was awarded the Purple Heart.
7. The applicant's name is not shown on the Vietnam casualty list.
8. 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal orders for the Purple Heart pertaining to the applicant.
9. 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.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant sustained fragment wounds to his right thigh. The evidence further shows that his injury was incurred when he fired his grenade launcher from the standing position at a system of enemy bunkers 20 meters from his position. There is no evidence showing these bunkers were occupied by the enemy at the time or that his injury was the result of hostile action warranting award of the Purple Heart. In the absence of such evidence, there is no basis for awarding him the Purple Heart.
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) AR20130016285
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130016285
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120021115
Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. Therefore, he is entitled to correction to his records to show award of the Purple Heart for injuries he sustained on 29 June 2008 while serving in Afghanistan. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Purple Heart for injuries...
ARMY | BCMR | CY2009 | 20090000496
Further, my Army medical records clearly state, 'frag in tongue' more than once!" Records show that the applicant was awarded the Vietnam Service Medal. Although evidence shows the applicant sustained a shrapnel injury to his tongue while serving in the Republic of Vietnam, that the injury was treated by military medical personnel, and the medical treatment was made a matter of official record, there is no corroborating evidence present in the available records which shows the applicant...
ARMY | BCMR | CY2012 | 20120002665
His record contains a document titled "Log Number 3491" that shows the applicant suffered multiple fragment wounds to his left leg on 25 July 1970 and the entry: Cleaning up detail in front of bunker burning grass when some type of explosive was set off (possibly a cook off) - investigation 5. The DA Form 20 is a record of the applicant's history in the Army and an entry for wounds received would not normally be made on this document without orders or a casualty report. Notwithstanding his...
ARMY | BCMR | CY2011 | 20110014610
The applicant states: * he served on active duty in the U.S. Army from 3 April 1969 through 2 April 1971 * on 2 February 1970, he incurred and was later diagnosed with residual shell fragment wound, left leg, left foot, left side, and right thigh * his wounds were the result of a fragmentation hand grenade exploding also injuring another Soldier * he received medical treatment at the local medical hospital and he was presented the Purple Heart by a captain assigned to the...
ARMY | BCMR | CY2014 | 20140017773
Personnel wounded as a result of non-hostile action who are not placed on hospital's very seriously injured lists are not reported as casualties in accordance with current regulations. 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. There is no available evidence and he did not provide sufficient evidence...
ARMY | BCMR | CY2008 | 20080014178
IN THE CASE OF: BOARD DATE: 23 December 2008 DOCKET NUMBER: AR20080014178 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant's service medical records are not available for review. The evidence provided by the applicant shows that he may have sustained a concussion and shrapnel wounds during encounters with the enemy in Iraq.
ARMY | BCMR | CY2002 | 2002077901C070215
There were no orders in the applicant's service personnel records awarding him the Purple Heart. In his reply to the applicant, the MC wrote, "The Purple Heart is awarded to those persons who were wounded or injured as a direct result of hostile action of an enemy of the United States. c. by amending the applicant's DD Form 214, block 24, to read as follows: "National Defense Service Medal; Vietnam Service Medal with 4 bronze service stars; Republic of Vietnam Campaign Medal with 60...
ARMY | BCMR | CY2010 | 20100008274
The applicant's records show he served in the Republic of Vietnam from 4 December 1967 to 6 April 1971. The applicant provided a copy of his Purple Heart Certificate, dated 1 July 1969, for wounds received on 25 April 1968. There are no medical records available and the applicant did not provide any evidence which show he was wounded or treated for wounds as a result of hostile action during his service in Vietnam.
ARMY | BCMR | CY2008 | 20080011532
Application for correction of military records (with supporting documents provided, if any). Headquarters, 9th Infantry Division General Orders Number 6435, dated 6 August 1968, show the applicant was awarded the Army Commendation Medal with V Device for action on 2 July 1968. There are no medical records in the applicants military personnel file to show he sustained wounds as a result of hostile action or to show he was treated for wounds as a result of hostile action.
ARMY | BCMR | CY2007 | 20070016949C080407
Rea M. Nuppenau | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. He states he has never received the PH for the wound he received and requests it be awarded at this time. The fact there was medical documentation regarding this treatment, but no entry was made in Item 40 of the DA Form 20 and no PH was awarded would indicate the wound was not received under conditions that supported award of the PH.