IN THE CASE OF:
BOARD DATE: 12 June 2014
DOCKET NUMBER: AR20130017304
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 Fporm 214 (Report of Transfer or Discharge to show this award.
2. The applicant states he was injured while serving in the Republic of Vietnam. He sustained the combat injury about 30 days prior to his scheduled rotation date and he was hospitalized in the field. He never received the Purple Heart.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 25 August 1966. He was awarded military occupational specialty 12B (Combat Engineer).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 31 (Foreign Service): Vietnam (13 January 1967 through 11 January 1968);
b. item 38 (Record of Assignments):
* Headquarters and Headquarters Company, 65th Engineer Battalion (16 January through 21 January 1967)
* Company B, 65th Engineer Battalion (22 January 1967 through
8 January 1968)
c. item 40 (Wounds) is blank (no entries); and
d. item 41 (Awards and Decorations) does not list the Purple Heart.
4. The applicant's DD Form 214 shows he was honorably released from active duty on 22 August 1969.
5. A review of the applicant's military personnel record failed to reveal any orders or other evidence that show he was awarded the Purple Heart.
6. A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster failed to reveal the applicant's name.
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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
8. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. The Purple Heart is awarded to any member who was wounded or killed in action or as a result of enemy action. A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy. In order to support awarding a member the Purple Heart, it is necessary to establish the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's claim to the Purple Heart was carefully considered.
a. The applicant provides no military medical records that show he was injured as a result of enemy action.
b. His available military personnel and medical records do not show any evidence that he was wounded or injured in action as a result of a hostile act of the enemy.
c. The applicant's name is not listed on the Vietnam casualty roster.
d. Thus, the evidence of record does not support the applicant's claim.
2. Therefore, in view of the foregoing, there is an insufficient evidentiary basis to grant the applicant's request.
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) AR20130017304
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130017304
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100017003
His record is void of any orders that show he was awarded the Purple Heart, his name is not shown on the Vietnam casualty roster, his DA Form 20 does not indicate any combat wounds, and his medical records are not available for review with this case. Notwithstanding his sincerity, in the absence of official documentary evidence such as operation orders, morning reports, after action reports, official orders to corroborate the events that led to his alleged injury, or additional...
ARMY | BCMR | CY2002 | 2002068906C070402
The applicant’s military records show that he was inducted into the Army on 16 February 1967. In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States. That all of the Department of the Army records related to this case be corrected by awarding the applicant the Purple Heart for wounds received in action on 30 January 1968.
ARMY | BCMR | CY2011 | 20110003061
The applicant states he was wounded in combat while serving with the 299th Engineer Battalion (Combat) at Dak To in Vietnam on 10 June 1969. c. evidence in that former unit member's record on the integrated Personnel Electronic Record Management System confirms he was assigned to the applicant's unit, he was awarded the Purple Heart for wounds received on 10 June 1969, and he claimed those wounds occurred while at Dak To when his unit came under a rocket attack d. A certificate, dated 10...
ARMY | BCMR | CY2011 | 20110014006
His truck was hit and glass flew in his face. He served in Vietnam from on or about 3 November 1966 to on or about 6 August 1967. Notwithstanding the applicant's contention and sincerity, in the absence of documentation that 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.
ARMY | BCMR | CY2010 | 20100009934
Item 41 (Awards and Decorations) of this form does not list the Purple Heart or the CIB. In his case, there is no evidence in the available records and he did not submit substantiating evidence that shows he held an infantry MOS or that he was personally present and under hostile fire while serving in his assigned infantry duty in an infantry unit that was actively engaged in ground combat with the enemy. ____________X_____________ CHAIRPERSON I certify that herein is recorded the true and...
ARMY | BCMR | CY2014 | 20140018325
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Purple Heart. There is no medical evidence in the applicant's available record that shows he was wounded as a result of hostile action during his active service. In the absence of the orders or documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, regrettably, there is an insufficient...
ARMY | BCMR | CY2011 | 20110015548
There is nothing in four typical documents showing he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart: * Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show a combat wound or injury * His records do not contain general orders authorizing him award of the Purple Heart * His name is not shown on the Vietnam casualty roster * A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S....
ARMY | BCMR | CY2013 | 20130000497
The applicant provides: * extracts of his medical and dental records * Army Board for Correction of Military Records (ABCMR) Record of Proceedings, Docket Number AR20110023026, dated 29 May 2012 CONSIDERATION OF EVIDENCE: 1. The applicant provides clarification on the date of his injury, which he now states occurred in July 1967, and extracts of his medical and dental records that were not available during the previous consideration of his case. Army Regulation 600-8-22 (Military Awards)...
ARMY | BCMR | CY2007 | 20070017541
The applicants military records do not show that he was awarded the Combat Infantryman Badge. While the sincerity of the applicant's claim to entitlement to award of the Purple Heart is not in question, there is no evidence in the applicants records, and the applicant failed to provide any evidence which shows that he was wounded in action, that he was treated by military medical personnel at the time for wounds received in action, and that this medical treatment was made a matter of...
ARMY | BCMR | CY2011 | 20110017879
The applicant's service record is void of any orders that show he was awarded the Purple Heart or that he was wounded or injured as a result of combat. The VA letter he provides states that he was awarded service-connected disability compensation for a scar to the left chest; however, this document does not prove he suffered a combat injury as a result of hostile action or that he required or received treatment for it. Notwithstanding the applicant's contention and sincerity, in the...