RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 April 2008
DOCKET NUMBER: AR20080003048
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 award of the Purple Heart.
2. The applicant states he was in a helicopter when they were fired upon. A round hit beside the left side of his head, missing him by inches. He woke up the next morning and could not hear at all out of either ear. Blood covered the left side of his head, neck, and shoulder. The medic sent him to Da Nang Hospital. He was then sent to Japan, and then he was sent to Fort Gordon, GA. He never got any hearing back in his left ear.
3. The applicant states he never thought of the Purple Heart until he was told that because of his blood loss, caused by enemy fire, he should have gotten one. He never performed duties as a switchboard operator. He operated a radio and flew on helicopters as a gunner or did anything else they told him to do. He never went back to his unit, so he was never put in for the Purple Heart.
4. The applicant provides a separate statement.
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 enlisted in the Regular Army on 5 December 1969. He completed basic combat training and advanced individual training and was awarded military occupational specialty 36K (Field Wireman).
3. The applicant arrived in Vietnam and was assigned to Company B, 101st Aviation Battalion, 101st Airborne Division on 14 October 1970. He was medically evacuated to Japan on 7 March 1971. He was assigned to the Medical
Hold Company, U. S. Army Medical Activity, Fort Gordon, GA on 2 March 1971. He was assigned to the 4th Battalion, 37th Armor, Fort Knox, KY on 28 April 1971.
4. A letter/memorandum for record, dated 24 June 1971, indicates that after the applicant departed absent without leave and was dropped from the rolls a thorough search was made for his documents, but his health and dental records were not found.
5. On 3 January 1972, the applicant was discharged.
6. The applicants name is not listed on the Vietnam Casualty Roster. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show that he was wounded.
7. Army Regulation 600-8-22 (Military Awards) states 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 required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been carefully considered; however, there is no evidence of record or other evidence to substantiate his contentions. Unfortunately, it appears he departed absent without leave before his medical records could be forwarded from Vietnam to his new station.
2. Regrettably, there is insufficient evidence upon which to base award of the Purple Heart.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__XXX _ _XXX_ __XXX__ 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.
__XXX___
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080003048
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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