IN THE CASE OF:	  

		BOARD DATE:	  11 June 2009

		DOCKET NUMBER:  AR20090003908 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states that he was injured while on a combat-related mission in the Republic of Vietnam on 9 April 1967.  He suffered cuts, scrapes, and burns when the helicopter he was riding in crashed on a combat mission.  He adds that he was subsequently treated at a hospital in the Republic of Vietnam and was released a few weeks later; however, he was not awarded the Purple Heart.

3.  The applicant provides a copy of his DD Form 214, dated 27 October 1967, in support of his request.

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's records show he enlisted in the Regular Army for a period of 3 years on 29 October 1964.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was honorably released from active duty on
27 October 1967 in the rank/grade of sergeant (SGT)/E-5 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

3.  The applicant's records show that he served in the Republic of Vietnam from on or about 21 September 1965 to on or about 27 August 1966.  He was assigned to Troop D, 1st Squadron, 4th Cavalry Regiment.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Vietnam Service Medal with two bronze service stars, National Defense Service Medal, Good Conduct Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and one overseas service bar.  Item 24 does not show award of the Purple Heart.

5.  The applicant's records contain a copy of his DA Form 8-275-3 (Clinical Record Cover Sheet), dated 19 April 1966, which shows that he suffered second degree burns in both forearms during a helicopter crash apparently resulting from hostile action on 9 April 1966.

6.  The applicant's records also contain a copy of his DA Form 2173 (Statement of Medical Examination and Duty Status), dated 21 May 1966, that shows he was riding in a helicopter during a combat assault mission on April 1966 and that the helicopter crashed immediately after take-off and burned.  However, this form does not indicate that the crash resulted from hostile action.  This form also shows that he was admitted to the 93rd Evacuation Hospital for treatment.  

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 contends that he is entitled to correction of his DD Form 214 to show award of the Purple Heart. 

2.  The evidence of record shows that the applicant suffered second degree burns to his forearms on 9 April 1966 when the helicopter he was riding in crashed shortly after take-off and burned.  However, although he was subsequently treated for such injuries, there is no indication that the cause of the helicopter crash was enemy action.  

3..  The Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather he or she is entitled to it upon meeting specific criteria.  When contemplating an award of the Purple Heart, the key issue is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.

4.  There are no general orders in the applicant's records that show he was injured/wounded as a result of hostile action; his name is not shown on the Vietnam Casualty Roster; and there is insufficient evidence that his helicopter crash resulted from hostile action.  Therefore, there is insufficient evidence to support an award of the Purple Heart in this case.

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)                                         AR20090003908



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ABCMR Record of Proceedings (cont)                                         AR20090003908



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