RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 March 2008
DOCKET NUMBER: AR20070013699
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Ms. Catherine C. Mitrano
Director
Ms. Antoinette Farley
Analyst
The following members, a quorum, were present:
Mr. Mark D. Manning
Chairperson
Mr. Jeffrey C. Redmann
Member
Mr. Rowland C. Heflin
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, award of the Purple Heart.
2. The applicant states, in effect, that he was a helicopter pilot who served with the 144th Aviation Company, the 214 Aviation Battalion, and the 509th Radio Research Group, near Na Trang, in the Republic of Vietnam. The applicant continues that he suffered an emergency bout of appendicitis while on a flying mission near Nat Trang and therefore is entitled to award of the Purple Heart.
3. The applicant provides no additional documentary evidence in support of this application.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's service records are incomplete; however, his records show he was inducted into the Army of the United States (AUS) on 4 April 1962 and served as a Medical Facility Crewman. He was promoted to the rank of sergeant/pay grade E-5 on 1 October 1962. The applicant's record shows that he was honorably discharged on 18 March 1963, in order to accept a commission as an officer in the Army.
3. On 19 March 1963, he was commissioned as a second lieutenant in the United States Army Reserve (USAR). The applicant's record shows that he served in the AUS, USAR and in the Regular Army (RA).
4. On 30 April 1982, the applicant was honorably released from the RA, due to sufficient service for retirement, in the rank of LTC after completing a total of
20 years and 27 days of Active Federal Service.
5. Item 13 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show award of the Purple Heart.
6. Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows the applicant served in the Republic of Vietnam during the period 10 October 1966 through 10 August 1967 and during the period 6 June 1970 through 6 June 1971.
7. Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Form
2-1 does not show award of the Purple Heart.
8. There are no general orders in the applicant's record to show he was awarded the Purple Heart.
9. The applicant's name does not appear on the Vietnam Casualty Roster.
10. There are no medical records in the available military personnel file that show the applicant sustained wounds as a result of hostile action or that show he was treated for wounds sustained as a result of hostile action.
11. 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 that the wound was the result of hostile action, the wound must have been treated by military medical personnel, and the medical treatment must have been made a matter of official records.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is entitled to award of the Purple Heart due to suffering an emergency bout of appendicitis while on a flying mission.
2. There are no general orders that show the applicant was awarded the Purple Heart. There is no evidence in his service personnel record which shows that he was wounded or injured as a result of hostile action or treated for such wounds. Further, treatment for appendicitis is not considered a condition which occurs as a result of combat action and does not meet the criteria for award of the Purple Heart.
3. The applicant's name is not listed on the Vietnam Casualty Roster.
4. In the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_MDM___ _RCH__ __JCR___ 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.
__Mark D. Manning____
CHAIRPERSON
INDEX
CASE ID
AR20070013699
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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