IN THE CASE OF:
BOARD DATE: 27 May 2014
DOCKET NUMBER: AR20130017334
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 the Republic of Vietnam.
2. The applicant states he received the Army Commendation Medal in 1967; however, he never received the Purple Heart for shrapnel wounds he received. He states he still has shrapnel in his arm and hand, but no Purple Heart to show for it. In a separate statement, he adds:
* he included a copy of General Orders Number 1245, issued by Headquarters, 1st Infantry Division on 9 February 1967, which show he was in "Tan Vegn," Republic of Vietnam, on 27 November 1966
* those general orders do not state he suffered shrapnel wounds during the incident; however, after all these years, the shrapnel is still in his body
* his wife wants his children and grandchildren to know what he did during his Army service
3. The applicant provides:
* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* General Orders Number 1245, issued by Headquarters, 1st Infantry Division, on 9 February 1967
* a Radiology Report from the Department of Veterans Affairs (VA) Medical Center, Salt Lake City, UT
* a statement of service from a VA benefits representative
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 25 May 1966, the applicant enlisted in the Regular Army. He completed his initial entry training and was awarded military occupational specialty 95B (Military Policeman).
3. On 6 May 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve. His DD Form 214 shows several awards and decorations for his service in the Republic of Vietnam; however, it does not show he was awarded the Purple Heart.
4. His medical record is not available for review. His available personnel record is void of nearly all documentation related to his service in the Republic of Vietnam. More specifically, it does not contain any documentation indicating he was treated for wounds or injuries he sustained during his service in the Republic of Vietnam. His name does not appear on the Vietnam casualty roster.
5. 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.
6. He provides a Radiology Report from the VA Medical Center in Salt Lake City, UT, which shows he has shrapnel remaining in his arm and hand; however, this document does not definitively state the origin of the shrapnel.
7. 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 that verifies the wound resulted from hostile action, required treatment by medical personnel, and that treatment was made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be awarded the Purple Heart; however, neither his available record nor the Vietnam casualty roster provide any evidence that shows he was wounded during his period of service in the Republic of Vietnam. Additionally, there is no evidence he received any wounds as a result of hostile action that required treatment by medical personnel, or that the resulting medical treatment was made a matter of official record.
2. Regrettably, absent official documentation of his wounds and treatment there is an insufficient evidentiary basis for granting his requested relief 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) AR20100015543
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130017334
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140012154
f. The ROP stated that his medical records were not available for the time he was in Vietnam and that his personnel records were void of nearly all documentation related to Vietnam. He has the Army Commendation Medal, shrapnel still in his arm, and the Board states he needs more proof. There is no available evidence of record and the applicant did not provide sufficient evidence provided showing he show he sustained a wound/injury as a result of enemy action, received treatment, and that...
ARMY | BCMR | CY2013 | 20130016304
He and his buddy jumped out of the helicopter before they landed and they were under fire as soon as they hit the ground. The hand-written diary the applicant submitted contains entries from May 1966 to 9 July (1967). There is no evidence to show this is shrapnel or that he received it as a result of enemy action.
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 | CY2012 | 20120011257
His service medical records are not available for review with this case and there is no evidence in his available record that shows he was wounded as a result of hostile action while serving in Vietnam. The applicant provides: a. Notwithstanding the applicant's sincerity or the sincerity of his former unit members, there is an insufficient evidentiary basis upon which to award the applicant the Purple Heart in the absence of documentation that conclusively shows he was wounded or injured...
ARMY | BCMR | CY2009 | 20090021210
There are no orders for the Purple Heart in the applicants service personnel records. DISCUSSION AND CONCLUSIONS: There is no evidence of record which shows that the applicant was wounded as a result of hostile action in Vietnam. In the absence of orders or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action in Vietnam, the radiology reports provided by the applicant are not sufficient as a basis for award of the Purple Heart.
ARMY | BCMR | CY2008 | 20080018528
The applicant states he was wounded in combat and won a Purple Heart. There is no evidence in the available records which shows the applicant was ever wounded as the result of a hostile action or awarded the Purple Heart. There are no orders in the applicant's service personnel records which show that he was awarded the Purple Heart.
ARMY | BCMR | CY2008 | 20080005385
The applicant requests that his Purple Heart be added to his separation document (DD Form 214). The applicants military records do not contain orders for the Purple Heart. There is no evidence of record to support the applicants contention that he was wounded by shrapnel while in Vietnam.
ARMY | BCMR | CY2010 | 20100026835
The applicant provides: * Two radiology reports * DA Form 20 (Enlisted Qualification Record) * Two service medical records * Two photographs * DD Forms 214 for the periods ending 17 October 1968 and 17 October 1972 CONSIDERATION OF EVIDENCE: 1. There is no evidence of record which shows that the applicant was wounded as a result of hostile action in Vietnam. In the absence of orders or other evidence of record showing that the applicant was injured and treated for wounds as a result of...
ARMY | BCMR | CY2005 | 20050004199C070206
The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), supporting statement, radiology report with x-ray. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Purple Heart. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Valorous Unit...
ARMY | BCMR | CY2006 | 20060008884C070205
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 December 2006 DOCKET NUMBER: AR20060008884 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. His DD Form 214 for the period ending 16 August 1970 does not show the Purple Heart as an authorized award. Evidence shows that the applicant’s records contain an administrative error which does not require action...