IN THE CASE OF: BOARD DATE: 11 January 2011 DOCKET NUMBER: AR20100015833 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 injuries sustained during a plane crash in the Republic of Vietnam on 5 March 1967 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award. 2. He states he was piloting an airplane near the Iron Triangle on 5 March 1967. His plane went down in a rice paddie and he and another officer were air evacuated by helicopter to Bien Hoa military hospital. He attests he suffered burns and a fractured knee. When he awoke in the hospital the following morning, he found a Purple Heart pinned to his pillow and the appropriate box on his bed. He naturally assumed he was awarded the Purple Heart for his injuries. This error was discovered recently when his DD Form 214 was reviewed by the Arizona Department of Veterans Services Benefits Coordinator. 3. He does not provide any additional documentation is support of his request. 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. His record shows that following a period of enlisted service and upon completion of the Infantry Officer Candidate School, he was commissioned as a second lieutenant in the U.S. Army Reserve with concurrent call to active duty on 23 June 1963. He completed the Fixed Wing Aviator course and was designated as an Army Aviator on 22 May 1964. The highest rank/grade he attained while serving on active duty was captain/O-3. On 13 December 1967, he was honorably discharged. 3. His DA Form 66 (Officer Qualification Record) contains the following pertinent information: * Item 17 (Foreign Service) shows he served in the Republic of Vietnam from 30 June 1966 through 22 June 1967 * Item 18 (Record of Assignments) does not show he was hospitalized in a "Patient" status at any time * Item 21 (Awards and Decorations) does not show award of the Purple Heart * Item 46 (Flying Status and Ground Assignment) shows he was "Unrestricted" and does not show he was grounded at any time 4. His DA Form 67-5 (U.S. Army Officer Efficiency Report), rendered for the period 16 January 1967 to 12 April 1967, does not mention the incident the applicant described or that he sustained any injuries during the rated period. 5. There is no evidence in the available record and he has not provided any evidence showing he was awarded the Purple Heart. 6. 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 U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart. 7. There is no evidence in the available record and he has not provided any evidence showing he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action. Additionally, his name does not appear on the Republic of Vietnam Casualty Roster. 8. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Purple Heart. 9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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 been treated by medical personnel, and the medical treatment must have been made a matter of official records. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that his record should be corrected to show he was awarded the Purple Heart was carefully considered. 2. His record is void of any orders or other documents and he has not provided any evidence showing he was awarded the Purple Heart by proper authority while serving on active duty. Additionally, his name does not appear on the Vietnam Casualty Roster. 3. There is no evidence in the available record and the applicant has not provided sufficient evidence which shows he sustained an injury as a result of hostile action or that he received treatment for injuries sustained as a result of hostile action. Accordingly, based on the foregoing there is insufficient evidence to award him 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) AR20100015833 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100015833 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1