IN THE CASE OF:
BOARD DATE: 5 May 2009
DOCKET NUMBER: AR20090000026
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.
2. The applicant states, in effect, that he was never awarded the Purple Heart for wounds he received on 22 September 1969. He states that while running away from a troop carrier he was injured by the shrapnel from the helicopter while in the Republic of Vietnam (RVN). He also states that Warrant Officer G___ L___ was killed as a result of this accident.
3. The applicant no additional documents in support of his 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 DD Form 214 shows that he enlisted in the Regular Army on 9 October 1968 for a period of three years. He was trained in and awarded military occupational specialty (MOS) 35L (Avionic Communication Equipment Repairer). The highest rank he attained while serving on active duty was specialist five (SP5)/E-5.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 6 July 1969 to 2 July 1970, performing duties in MOS 35L. During his RVN tour he was assigned to the 121st Aviation Company from
13 July to 25 July 1969 and to the 336th Aviation Company from 26 July 1969 to 2 July 1970.
4. Item 40 (Wounds) of the applicants DA Form 20 does not show that he was wounded while he was assigned to the RVN.
5. Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows that he earned the following awards during his active duty tenure: the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), RVN Campaign Medal, two Overseas Service Bars, Army Commendation Medal, Aircraft Crewman's Badge, Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
6. On 8 October 1971, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He had served a total of 3 years,
3 months, and 1 day of creditable active service.
7. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 does not show award of the Purple Heart.
8. The Vietnam casualty roster does not list the applicant as wounded by hostile forces.
9. There are no orders in the applicants service personnel records which show he was awarded the Purple Heart.
10. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is entitled to correction of his record to show award of the Purple Heart was carefully considered.
2. There is no evidence in his service personnel records which show that he was wounded or injured as a result of hostile action or treated for such wounds. The applicant is also not listed on the Vietnam casualty roster. In the absence of such evidence, there is an insufficient basis to grant award of the Purple Heart in this case.
3. In order to justify correction of a military record the applicant must satisfactorily show, or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit sufficient 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:
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.
___________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) AR20090000026
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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