BOARD DATE: 17 June 2014
DOCKET NUMBER: AR20130018848
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.
2. The applicant states he was given the Purple Heart on 21 June 1970 when he was in the 91st Evacuation Hospital at landing zone (LZ) Mary Ann in Vietnam.
He thought the award was in his records.
3. The applicant did not provide any additional supporting documentation.
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 was inducted into the Army of the United States on 8 April 1969. He was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in:
a. Item 38 (Record of Assignments), he was assigned to Company A, 1st Battalion, 46th Infantry (Vietnam), from 26 December 1969 through
10 November 1970; and
b. Item 41 (Awards and Decorations), no listing for the Purple Heart.
c. Item 40 (Wounds) is blank.
4. On 14 November 1970, the applicant was honorably released from active duty. He completed 1 year, 7 months, and 7 days of totsl active service.
5. His DD Form 214 does not list award of the Purple Heart.
6. There is no evidence of record and the applicant has not provided any evidence that shows he was entitled to the Purple Heart at any time during his active duty service.
7. The applicant's medical records are not available and Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name as a casualty.
8. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any 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:
1. There is no evidence of record and the applicant provided no evidence to support his contention that he was awarded the Purple Heart.
2. In the absence of corroborating evidence to show he was awarded the Purple Heart, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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) AR20130018848
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120021533
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. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against and enemy or as a result of hostile action. The applicant contends he should be awarded the Purple Heart because he was injured while serving in Vietnam.
ARMY | BCMR | CY2012 | 20120008593
The applicant states he was wounded three times in Vietnam, but his Purple Heart decorations are not listed on his DD Form 214. Army Regulation 600-8-22 (Military Awards) provides the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. The applicant's record is void of any evidence and he did not provide any evidence that show he was injured as a result of enemy action, his wounds were treated by medical personnel, and the...
ARMY | BCMR | CY2011 | 20110015781
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 this award. There are no orders in his records showing 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 | CY2014 | 20140000727
There are no medical records in his official military personnel file that show he was wounded as a result of hostile action in Vietnam. 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. The applicant's request for award of the Purple Heart has been carefully considered and it was determined that there is insufficient evidence to support his request.
ARMY | BCMR | CY2011 | 20110022086
The applicant qualified for award of the Vietnam Service Medal and he served in four campaigns during his service in Vietnam. d. Despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal (1st Award), based on the available evidence it would be appropriate to award the applicant this medal and correct his DD Form 214 to show the award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2013 | 20130013954
The applicant requests, in effect: a. correction of item 3 social security number (SSN) his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show "XXX-XX-4XXX"; b. correction of item 11d (Effective Date) of his DD Form 214; c. award of the Purple Heart; and d. an upgrade of his Army Commendation Medal with "V" Device. Although there are no orders for the Purple Heart in the available records, the Vietnam casualty roster and his citation for award of the...
ARMY | BCMR | CY2010 | 20100013071
Orders for the award of the Purple Heart should have been issued by the 106th General Hospital. Therefore, there is sufficient evidence in this case to award the applicant the Purple Heart for wounds received on 16 February 1967 in the Republic of Vietnam. The Board also recommends that all Department of the Army records of the individual concerned be corrected by amending item 24 of the applicant's DD Form 214 with an effective date of 11 April 1970 to add the: * Bronze Star Medal *...
ARMY | BCMR | CY2014 | 20140011138
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. The evidence of record does not show and the applicant has not provided any evidence that shows he was wounded or injured as a result of enemy action and treated for those wounds. Notwithstanding the applicant's sincerity, in the absence of the orders or documentation that conclusively shows he was wounded or injured as a result of enemy action,...
ARMY | BCMR | CY2012 | 20120014656
Witness statements by themselves are not sufficient evidence upon which to award him the Purple Heart. There is no evidence in his service personnel records which shows he was wounded or injured as a result of hostile action or treated for such wounds. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
ARMY | BCMR | CY2013 | 20130014042
The applicant requests correction of his records to show award of the Purple Heart. A review of the applicant's military personnel records failed to reveal any orders or other evidence that shows he was awarded the Purple Heart. The applicant contends his records should be corrected to show award of the Purple Heart because he was injured while serving in the Republic of Vietnam in 1969 and the VA granted him disability for the service-connected injury.