Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080013726
Original file (20080013726.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	        12 NOVEMBER 2008

		DOCKET NUMBER:  AR20080013726 


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 that he be awarded the Purple Heart.

2.  The applicant states that he qualified for award of the Purple Heart and did not do the required paperwork at the time to receive it; however, his medical records should reflect that he sustained two cuts to his left leg during a rocket attack in approximately March of 1970.  He goes on to state that he was investigating an aircraft accident in another company when the base came under a rocket attack and in an attempt to get to his aircraft before it was hit, he ran into razor wire in the dark and sustained two three inch cuts to his left leg.  He further states that he went to the flight clinic for treatment and his records should corroborate his injuries and treatment.

3.  The applicant provides a one-page statement of the events surrounding his injury and treatment.

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 applicant enlisted in St. Louis, Missouri on 10 June 1968 for a period of 2 years under the warrant officer flight training enlistment option.  He completed his basic training at Fort Polk, Louisiana and was transferred to Fort Wolters, Texas to undergo his warrant officer flight training.  He completed his training at Fort Wolters and was transferred to Hunter Army Airfield, Georgia for additional training.  He completed his warrant officer candidate training and was honorably discharged in the pay grade of E-5 on 15 June 1969 to accept an appointment as a United States Army Reserve (USAR) warrant officer with a concurrent call to active duty. 

3.  He was appointed as a USAR warrant officer one (WO1) rotary wing aviator on 16 June 1969, with a concurrent call to active duty.  He was transferred to Vietnam on 19 July 1969 for assignment to the 128th Aviation Company as a rotary wing aviator.

4.  On 30 August 1969, he was appointed on orders to be a recorder of an Officer Investigating Board of an aircraft accident of a CH47A assigned to the 205th Aviation Company.

5.  The applicant was promoted to the rank of chief warrant officer two (CW2) on 16 June 1970 and on 14 July 1970, he departed Vietnam for assignment to Fort Riley, Kansas, where he remained until he was honorably released from active duty (REFRAD) on 24 December 1970, due to the Department of the Army message directing the early release of warrant officer aviators.  He had served 2 years, 6 months and 15 days of total active service and was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal with four bronze service stars, the Air Medal with Numeral "30", the Bronze Star Medal, the Good Conduct Medal, the Army Aviator Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal - First Class Unit Citation. 

6.  A review of the applicant's official records and the Vietnam Casualty Listing fails to show any indication that the applicant was wounded/injured as a result of enemy action or that he was ever reported as a casualty.  The applicant's medical records were not available for review by the Board as they are on loan to the Department of Veterans Affairs in St. Louis, Missouri.

7.  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 required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

8.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant's claim that he was injured during an enemy rocket attack in Vietnam is not in doubt, there simply is no evidence in the available records to substantiate his claim.

2.  Therefore, in the absence of evidence to show that he was wounded /injured as a result of enemy action, that he was treated for such injuries and the treatment of those injuries was made a matter of record, there appears to be no basis to award him the Purple Heart at this time.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  ___X_____  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _ XXX  _______   ___
               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)                                         AR20080013726



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080013726



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100012358

    Original file (20100012358.txt) Auto-classification: Denied

    The applicant requests correction of his records to show he was awarded the Purple Heart. Item 17 (Foreign Service) of his DA Form 66 (Officer Qualification Record) shows he served a tour of duty in the Republic of Vietnam from 21 June 1970 through 15 May 1971. Absent evidence which conclusively shows the applicant sustained wounds or injuries as a result of hostile action or as a result of "friendly fire" in the "heat of battle," that he was treated by medical personnel for those wounds...

  • ARMY | BCMR | CY2004 | 20040010447C070208

    Original file (20040010447C070208.doc) Auto-classification: Approved

    A review of the applicant’s flight records shows that his first award of the AM was awarded after completion of 35 flight hours. A computation of the applicant’s total combat flight hours (918) indicates that he should have received awards of the AM through the twenty-sixth award (AM with Numeral 26) up through 3 July 1971, the date of his last recorded flight. Therefore, it would be appropriate at this time to correct his records to show entitlement to the AM w/Numeral “26” for the period...

  • ARMY | BCMR | CY2013 | 20130003591

    Original file (20130003591.txt) Auto-classification: Denied

    Nothing in several typical sources show he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart: * his records do not contain general orders authorizing him award of the Purple Heart * his name is not shown on the Vietnam casualty listing * review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973,...

  • ARMY | BCMR | CY2012 | 20120006831

    Original file (20120006831.txt) Auto-classification: Denied

    He further states the aircraft commander and he were severely injured and medically evacuated to the 67th Evacuation Hospital at Pleiku and to the 61st Medical Battalion in Qui Nhon. The applicant provides: * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 16 October 1971 * DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 30 September 1980 * Honorable Discharge Certificate * Self-authored memoir of the events that led to the...

  • ARMY | BCMR | CY2012 | 20120020053

    Original file (20120020053.txt) Auto-classification: Denied

    d. The applicant contends that he has found certain existing and new evidence of record via statements made by various medical officers. A DA Form 8-118, dated 11 May 1971, reports that an MEB determined the applicant was unfit for duty due to vascular headaches and recommended his presentation to a PEB. The applicant contends that his medical condition has worsened and the VA currently rates him as 50-percent disabled; therefore, his U.S. Army disability rating should now be raised accordingly.

  • ARMY | BCMR | CY2014 | 20140021655

    Original file (20140021655.txt) Auto-classification: Denied

    On 6 August 1969, the helicopter he was on, as a crewmember, was shot down by the enemy in Vietnam. 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. In the absence of documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, there is an insufficient evidentiary basis for awarding him the Purple Heart.

  • ARMY | BCMR | CY2009 | 20090016776

    Original file (20090016776.txt) Auto-classification: Approved

    Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. The available evidence shows the applicant suffered a foot injury in the Republic of Vietnam on 13 September 1969. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Purple Heart for wounds received in action in...

  • ARMY | BCMR | CY2002 | 2002078739C070215

    Original file (2002078739C070215.rtf) Auto-classification: Approved

    There is no evidence in the applicant's service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action. There is no evidence in the applicant's service personnel records which shows that he was wounded or injured as a result of hostile action in Vietnam. However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which are not correctly shown by award of three bronze service stars for wear on...

  • ARMY | BCMR | CY2010 | 20100008724

    Original file (20100008724.txt) Auto-classification: Approved

    U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal. As such, there is insufficient evidence upon which to base two additional awards of the Air Medal. The available records show he was awarded the Vietnam Service Medal.

  • ARMY | BCMR | CY2011 | 20110016507

    Original file (20110016507.txt) Auto-classification: Denied

    Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show a combat wound and item 41 (Awards and Decorations) of this form does not show award of the Purple Heart. 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: a. Notwithstanding his sincerity as well as that of his buddies, in the...