IN THE CASE OF: BOARD DATE: 26 April 2011 DOCKET NUMBER: AR20100025718 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, in effect, award of the Purple Heart for her husband, a former service member (FSM). 2. She states, in effect, the FSM's records are missing; therefore, he was never considered for the Purple Heart. She contends that according to the Army's records, there is nothing on file about his right leg being amputated due to a helicopter crash on 13 June 1969. 3. She provides: * a marriage license * a Standard Form 502 (Clinical Record – Narrative Summary) * a DA Form 8-118 (Medical Board Proceedings (MEB)) * an excerpt of his medical records * two DD Forms 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 FSM's DD Form 214 for the period ending 9 March 1969 shows he enlisted in the Regular Army on 1 April 1968. He was discharged for the purpose of accepting an appointment as an Army Aviation warrant officer. 3. She provided a Standard Form 502, dated 23 July 1973, which shows the FSM was injured in a helicopter crash on 13 June 1969. He was flying as the pilot of a Utility Helicopter-1 aircraft which crashed and rolled down a mountainside and came to rest in an inverted position against a large tree. He was suspended in an inverted position by his right lower leg which was pinned between the helicopter and the tree. His right leg was incompletely amputated at the time of the accident at the level of the proximal tibia. He was immediately taken to the 67th Evacuation Hospital where a surgical amputation of the right lower extremity was completed. 4. An MEB was conducted on 24 September 1973 and the FSM was further referred to a physical evaluation board (PEB). 5. His PEB proceedings are not available for review; however, the excerpt of his military medical records contains pieces of his medical history from his time of entry into the Army through his surgical procedure. There is no evidence to show his injury occurred as a result of hostile action. 6. A second DD Form 214 shows he was placed on the Permanent Disability Retired List and granted 60-percent disability on 13 December 1973. 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. 7. His name does not appear on the Vietnam casualty roster. 8. 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 awarding him the Purple Heart. 9. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while 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, and the medical treatment must have been made a matter of official record. DISCUSSION AND CONCLUSIONS: 1. The available evidence does show the FSM was injured in a helicopter crash while serving in Vietnam as an Army Aviator which required medical treatment. However, there is no evidence and the applicant has not provided sufficient evidence to show his injuries occurred as a result of hostile action. 2. As a result, there is insufficient evidence to base award of the Purple Heart. Therefore, the applicant is not entitled to the relief requested. 3. This action in no way diminishes the sacrifices made by the FSM. The applicant and all Americans should be justifiably proud of his service in arms. 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) AR20100025718 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100025718 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1