Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130021236
Original file (20130021236.txt) Auto-classification: Denied

		

		BOARD DATE:	  2 July 2014

		DOCKET NUMBER:  AR20130021236 


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.

2.  The applicant states while serving in Vietnam, his platoon was on patrol one day when some kind of mine exploded.  A fragment of shrapnel went into his right thigh.  The unit field medic dressed the wound after removing a small piece of metal.  When his unit returned to the base camp, the medic there cleaned the wound, removed some more metal, and told him that he could have a Purple Heart.  He declined the Purple Heart because of his minor injury.  Several months ago his leg was examined by the radiology department of the Cheyenne, Department of Veterans Affairs (VA) hospital.  Their examination supports fragment wounds to his right thigh. 

3.  The applicant provides:

* Self-authored statement, dated 30 August 2013
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* VA Compensation and Pension exam detail, dated 14 September 2012
* VA multi-document, pages 13-36, dated 26 November 2012
* VA rating decision, dated 26 February 2013 

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 
17 December 1965 and held military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was specialist four/E-4.

3.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam from 26 November 1966 to 23 November 1967 and served with Headquarters and Headquarters Company, 199th Infantry Brigade from
26 November 1966 to 23 November 1967.

4.  He was honorably released from active duty on 24 November 1967.  His DD Form 214 does not list the Purple Heart. 

5.  There is nothing in the typical source documents to confirm he was wounded in action and/or treated for a combat injury/wound:

* Item 38 (Record of Assignments) of his DA Form 20 does not show a patient status
* Item 40 (Wounds) of his DA Form 20 does not reflect a combat wound or injury
* Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart.
* his records do not contain general orders awarding the Purple Heart
* his name is not shown on the Vietnam casualty listing
* 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 and maintained by the U.S. Army Human Resources Command Military Awards Branch – failed to reveal Purple Heart orders 
* his official records do not contain a Department of the Army message or a Western Union telegram documenting an injury or wound
* there are no military medical records which note any combat injuries or wounds
6.  He provided several medical documents from the VA showing he received an injury to his leg.

7.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against and 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.  The criteria for award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.

2.  The applicant's service record is void of any evidence that shows he was wounded or injured as a result of enemy action.  The VA medical record he provides does not satisfy the requirement for award of the Purple Heart.  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 by military medical personnel at the time of the wounding, there is insufficient evidence upon which to base award of 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 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)                                         AR20130021236



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130021236



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100024270

    Original file (20100024270.txt) Auto-classification: Denied

    General Orders Number 189, issued by Headquarters, 85th Evacuation Hospital, on 10 December 1967 awarded him the Purple Heart (1st Award) for wounds received in action in Vietnam on 7 December 1967. There are no orders or other evidence in the applicant’s military service records showing he was wounded on any date other than 7 December 1967. No other dates or wounds are listed.

  • ARMY | BCMR | CY2011 | 20110014006

    Original file (20110014006.txt) Auto-classification: Denied

    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 | CY2011 | 20110012281

    Original file (20110012281.txt) Auto-classification: Denied

    The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service): Vietnam from 2 August 1966 through 5 August 1967; b. item 38 (Record of Assignments): Company A, 5th Battalion, 7th Cavalry, 1st Air Cavalry Division (Airmobile), from 20 August 1966 through 2 August 1967; c. item 40 (Wounds): contains no entries; and d. item 41 (Awards and Decorations) no listing of the Purple Heart. A review of the applicant's military personnel records failed to reveal any...

  • ARMY | BCMR | CY2012 | 20120018362

    Original file (20120018362.txt) Auto-classification: Denied

    The applicant provides one page of a VA Rating Decision, dated 17 November 1976, wherein it stated the applicant served in Vietnam for 11 months and 15 days and he stated while on patrol duty in 1967 he was struck in the left buttock by a fragment of an exploding grenade. The criteria for award of the Purple Heart requires the submission of substantiating evidence to verify that a Soldier received a wound/injury as the result of hostile action, the wound/injury required medical treatment by...

  • ARMY | BCMR | CY2012 | 20120008505

    Original file (20120008505.txt) Auto-classification: Denied

    The PH is not listed on the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and there are no orders or other documents in the applicant's record that indicate he was recommended for or awarded the PH. It states the PH is awarded to members wounded in action and states that in order to award the PH, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military...

  • ARMY | BCMR | CY2013 | 20130016285

    Original file (20130016285.txt) Auto-classification: Denied

    The applicant requests award of the Purple Heart for wounds he received in combat 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. __________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.

  • ARMY | BCMR | CY2009 | 20090013271

    Original file (20090013271.txt) Auto-classification: Denied

    The applicant requests award of the Purple Heart and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The applicant's military records show he was inducted into the Army of the United States on 30 August 1967. Based on the evidence in this case, the applicant is not entitled to award of the Purple Heart and its addition to his DD Form 214.

  • ARMY | BCMR | CY2013 | 20130017793

    Original file (20130017793.txt) Auto-classification: Denied

    He served in Vietnam from 8 June 1969 to 11 January 1970. 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. Notwithstanding his sincerity, in the absence of documentation that conclusively shows he was wounded or injured as a result of hostile action, treated for those wounds/injuries, and his treatment was made a matter of record, there is insufficient evidence upon which to base award of the Purple Heart.

  • ARMY | BCMR | CY2012 | 20120011257

    Original file (20120011257.txt) Auto-classification: Denied

    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 | CY2008 | 20080009864

    Original file (20080009864.txt) Auto-classification: Approved

    There are no orders or other evidence in the applicant’s military service records showing he was wounded on any other date than 7 December 1967, or that he was awarded any additional awards of the Purple Heart. The evidence or record further shows that General Orders were issued by the hospital commander awarding the applicant the Purple Heart (1st Award) for wounds received in action on 7 December 1967. As a result, the Board recommends that all Department of the Army records of the...