IN THE CASE OF:
BOARD DATE: 27 May 2014
DOCKET NUMBER: AR20130017016
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was injured during his service in Vietnam.
2. The applicant states he served in Vietnam from 1968 to 1969. During an evaluation he was told that his records stated he received injuries during his deployment to Vietnam.
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. The applicant enlisted in the Regular Army on 17 July 1967 and served as a light weapons infantryman. He served in Vietnam from 4 September 1968 through 24 August 1969.
3. He was honorably released from active duty on 4 June 1970. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal
* Army Commendation Medal
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
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 awarding him the Purple Heart.
6. His name is not shown on the Vietnam casualty roster and his complete medical records are not available for review with this case.
7. 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 any orders for the Purple Heart pertaining to the applicant.
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 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 as the result of hostile 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 records are void of any evidence that shows he was wounded or injured as a result of hostile action during his 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 him or to add award of the Purple Heart to his DD Form 214.
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) AR20130017016
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130017016
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140021655
On 6 August 1969, the helicopter he was on, as a crewmember, was shot down by the enemy in Vietnam. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. In the absence of documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, there is an insufficient evidentiary basis for awarding him the Purple Heart.
ARMY | BCMR | CY2014 | 20140017638
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart. There is no evidence of record that shows he was awarded the Purple Heart or that he was injured or wounded as a result of hostile action. However, in the absence of documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, there is an insufficient evidentiary basis for...
ARMY | BCMR | CY2012 | 20120018490
Application for correction of military records (with supporting documents provided, if any). Item 41 (Awards and Decorations) of his DA Form 20 does not list the Purple Heart among his awards. Therefore, 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 to show he was awarded the Purple Heart.
ARMY | BCMR | CY2012 | 20120020541
There is no evidence of record that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart. His available service medical records show he listed a shrapnel wound in December 1969 and the military medical doctor found evidence of a scar on his right forearm. In the absence of orders or other additional documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, there is an...
ARMY | BCMR | CY2014 | 20140014804
His service record, also known as the Military Personnel Records Jacket (DA Form 201 File), does not contain orders awarding him the Army Commendation Medal. The applicant's service record is void of orders awarding him the Purple Heart or any evidence that shows he was wounded or injured as a result of hostile action. There is insufficient evidence in the available records that shows the applicant was recommended for or awarded the Army Commendation Medal.
ARMY | BCMR | CY2013 | 20130006080
Due to the passage of time he could no longer remember the names of the crew members involved, but he does remember that several crew members received injuries as a result of these incidents. 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. In the absence of additional documentation that conclusively shows he was wounded or injured as a result of enemy action and treated...
ARMY | BCMR | CY2013 | 20130012493
Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and enemy or 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. However, in the absence of orders or documentation that conclusively shows he was...
ARMY | BCMR | CY2011 | 20110005101
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 AR20080009487 on 13 August 2008. He was awarded the Army Commendation Medal with "V" Device for heroism on 22 August 1968. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained as a result of hostile action.
ARMY | BCMR | CY2012 | 20120017766
There is no evidence of record that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart. 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. Therefore, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of...
ARMY | BCMR | CY2010 | 20100008497
Application for correction of military records (with supporting documents provided, if any). His DA Form 20 (Enlisted Qualification Record), Item 40 (Wounds) shows Shrapnel Wound Left Arm on 8 May 1968. Item 41 (Awards and Decorations) does not show award of a second Purple Heart. There are no orders in his military personnel records awarding him a second Purple Heart.