APPLICANT REQUESTS: Award of the Purple Heart for injuries sustained on 13 March 1966 when his helicopter crashed during an assault mission.
PURPOSE: To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.
EVIDENCE OF RECORD: The applicant's military records show:
He entered active duty on 15 June 1965 and was assigned to Vietnam as an infantryman in November 1965. According to his service medical records he injured his right ankle during a helicopter crash on 13 March 1966. A short walking cast was placed on his leg on 18 March 1966 and he remained in the hospital overnight. The cast was removed on 19 April 1966 and he was placed on light duty for 5 days.
In November 1966 he returned to the United States and on 14 June 1967 was released from active duty. Neither his DD Form 214 nor his DA Form 20 (enlisted qualification record) reflect award of the Purple Heart and item 40 (wounds) on his DA Form 20 is blank. The applicant authenticated his DA Form 20 on 11 January 1967 and his DD Form 214 on the date of separation.
Army Regulation 600-8-22 provides, that the Purple Heart is awarded for wounds sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. Hospital commanders receiving combat casualties are authorized to award the Purple Heart. Specifically prohibited from award of the Purple Heart are wounds or injuries accidentally incurred during aircraft accidents which were not caused by enemy action. There is no evidence, and the applicant has not provided any, which confirms that the helicopter crash resulted from enemy action.
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. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.
DISCUSSION: The alleged error or injustice was, or with reasonable diligence should have been discovered on 14 June 1967, the date of his release from active duty. The time for the applicant to file a request for correction of any error or injustice expired on 14 June 1970.
The application is dated 14 April 1994 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.
DETERMINATION: The subject application was not submitted within the time required. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.
BOARD VOTE:
EXCUSE FAILURE TO TIMELY FILE
GRANT FORMAL HEARING
CONCUR WITH DETERMINATION
Karl F. Schneider
Acting Director
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Item 24 does not show award of the Purple Heart. Therefore, there is insufficient evidence to support an award of the Purple Heart in this case. ___________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.
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The applicant provides: * 2 Department of Veterans Affairs (VA) Forms 21-4138 (Statement in Support of Claims), dated 12 August 2008 and 22 August 2011 * VA Form 21-4142 (Authorization and Consent to Release Information to the VA), dated 24 September 2011 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * U.S. Army Vietnam (USARV) Form 232 (Technical Report - U.S. Army Aircraft Accident), dated 24 October 1966 * Medical Evaluation * Transmittal letter, dated...
ARMY | BCMR | CY2008 | 20080017187
The applicant's name is not shown on the Vietnam Casualty Roster and his records do not contain general orders that show he was awarded the Purple Heart. However, there is no indication in the submitted statement that the author witnessed the injury at the time it happened or was present at the time the applicant was treated for his injury. Therefore, without the source document, the endorsement itself is insufficient evidence upon which to award the applicant the Purple Heart.
ARMY | BCMR | CY2011 | 20110017659
Application for correction of military records (with supporting documents provided, if any). There is no evidence in his record showing he was wounded in action during his service in Vietnam. There is no evidence of record and he provided insufficient evidence to show he was wounded or injured as a result of hostile action during his service in Vietnam.
ARMY | BCMR | CY2009 | 20090014644
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards: * Distinguished Flying Cross (First Oak Leaf Cluster) * Bronze Star Medal * Purple Heart 2. The applicant states the following: * He received the Bronze Star Medal and Distinguished Flying Cross with First Oak Leaf Cluster on 9 February 1968 * Neither award was shown on his DD Form 214 * He was issued a DD Form 215 (Correction to DD Form 214)...
ARMY | BCMR | CY2008 | 20080017273
The applicant also provided 1966 service medical records which state, in pertinent part, that he was in an aircraft accident in August 1965, that he had a crash in a helicopter in Vietnam in August 1965, and that he injured his back. The 1966 service medical records provided by the applicant state, in pertinent part, that he was in an aircraft accident in August 1965. Since the preponderance of evidence in this case shows the applicant was not wounded or treated for injuries as a result of...
ARMY | BCMR | CY2011 | 20110009546
He provided a Standard Form 600 that shows he was evaluated at a medical facility on 29 October 1966 due to an aircraft accident and complaints of a bruised back. His service record does not contain orders that show he was awarded the Purple Heart and the Vietnam Casualty Roster does not list his name. In the absence of evidence that shows he was wounded or injured as a result of hostile action, there is an insufficient basis upon which to base award of the Purple Heart in this case.
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The applicant requests: * Correction of DA Form 2397 (Technical Report of U.S. Army Aircraft Accident) to show his correct rank, first name, and service number (SN) * In effect, award of the Purple Heart 2. The evidence of record shows the DA Form 2397, dated 17 January 1969, lists the applicant's name with an incorrect rank, first name, and the first two digits of his SN. As a result, the Board recommends that all Department of the Army records be corrected by publishing an appropriate...
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Army Regulation 672-5-1, in effect at the time of the applicant's separation provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. Based on the evidence in this case, the applicant is entitled to award of the Purple Heart and to have it added to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual...
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In awarding him the additional awards, HRC officials considered the request for award of the Purple Heart but determined there was insufficient evidence to show the helicopter crash and thus his injury was the result of enemy action. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders. The FSM's service record is void of any orders that show he was awarded the Purple Heart, his name is not shown...