IN THE CASE OF:	  

		BOARD DATE:	       26 AUGUST 2009

		DOCKET NUMBER:  AR20090005365 


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 award of the Purple Heart.

2.  The applicant states the 392nd Transportation Detachment, 116th Aviation Company, and the 269th Aviation Battalion failed to award him the Purple Heart.  He states treatment records from the 12th Medical Evacuation Hospital contain an entry for the Tet Offensive rocket injury to his forehead.  He states he was injured on his forehead while seeking cover during a Tet Offensive rocket attack and that he was treated at the 12th Medical Evacuation Hospital in Cu Chi, Vietnam.

3.  The applicant provides, in support of his application, copies of his DA Form 20 (Enlisted Qualification Record); orders for his Aircrew Member Badge; and three sets of orders showing his promotions.

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 military personnel records show he enlisted in the Regular Army on 22 September 1966.  He had completed 7 days of prior active service.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 67N (UH-1 Helicopter Repairman).

3.  On 25 March 1967, the applicant was assigned to the 116th Aviation Company, 269th Aviation Battalion in the Republic of Vietnam.  On 21 April 1967, he was assigned to the 392nd Transportation Detachment, 269th Aviation Battalion in the Republic of Vietnam where he served until 19 March 1968.

4.  Item 40 (Wounds) of the applicant's DA Form 20 does not contain any entries indicating that the applicant received any wounds.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show the award of the Purple Heart.

6.  On 19 September 1969, the applicant was honorably released from active duty by reason of the expiration of his term of service.  He had completed 2 years, 11 months, and 28 days of active service during this period.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show the award of the Purple Heart.

7.  There are no orders in the applicant's military service records awarding him the Purple Heart.

8.  The applicant's name does not appear on the Vietnam casualty listing.

9.  The applicant's service medical records were not available for review.

10.  Review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart for the applicant.

11.  Army Regulation 672-5-1 (Military Awards), then in effect, provided, in pertinent part, that the Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. armed services had been wounded, killed, or who had died as a result of 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 a medical officer, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the applicant's official military personnel file showing he was wounded or treated for wounds resulting from hostile action.

2.  The applicant contends he was injured on the forehead during the Tet Offensive and treated at the 12th Medical Evacuation Hospital.  However, his service medical records were not available for review.

3.  In the absence of military records which show the applicant was wounded or treated for wounds resulting from hostile action there is insufficient evidence upon which to base award of the Purple Heart in this case.

4.  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 that 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 our Nation.  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)                                         AR20090005365



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ABCMR Record of Proceedings (cont)                                         AR20090005365



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