IN THE CASE OF:
BOARD DATE: 15 September 2009
DOCKET NUMBER: AR20090006799
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 for shrapnel wounds he received on 4 July 1969.
2. The applicant states he received a Bronze Star Medal for actions on 4 July 1969. He contends he was wounded by shrapnel in his left arm in this incident and was treated by a medic.
3. The applicant provides a copy of general orders, dated 10 September 1969, 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 enlisted in the Regular Army on 18 September 1967 for a period of three years. At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty 67N (UH-1 helicopter repairman). His highest grade attained was specialist five, E-5.
3. The applicant served in Vietnam from 4 September 1968 to 29 August 1969.
4. Headquarters, 101st Airborne Division (Airmobile), General Orders Number 11878, dated 10 September 1969, show the applicant was awarded the Bronze Star Medal with "V" Device (First Oak Leaf Cluster) for actions on 4 July 1969. These orders state, in part, "Specialist M_____ was serving as a door gunner on an OH-6A helicopter when the aircraft's sister ship crashed because of enemy fire. The pilot of his ship immediately landed in a stream bed near the crash site. With complete disregard for his own safety, Specialist M______ proceeded through an area of known enemy activity to the crash site. After unsuccessfully attempting to free the pinned pilot and door gunner, he returned to his aircraft for tools to assist him in the rescue operation. While enroute back to the downed ship, the ordnance in the damaged aircraft exploded, knocking him to the ground. At this time he was ordered back to the ship by his pilot
and the United States Army."
5. There are no orders in the applicant's personnel records which show he was awarded the Purple Heart. His DA Form 20 does not list any wounds as a result of hostile action in item 40 (Wounds). His name is not included on the Vietnam Casualty Roster.
6. The applicant was separated on 17 September 1970. His DD Form 214 does not show entitlement to award of the Purple Heart. He subsequently served in the U.S. Army Reserve.
7. Army Regulation 600-8-22 provides, in pertinent part, that the PH 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, and the medical treatment must have been made a matter of official record. Paragraph 2-8b(2) states that for the purpose of considering an award of the PH, a wound is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy. The regulation states that the key issue that commanders must take into consideration 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he was wounded by shrapnel in his left arm and was treated by a medic.
2. By regulation, in order to award the Purple Heart it is necessary to establish that a Soldier was wounded in action, that the wound required treatment by medical personnel, and the treatment record must have been made a matter of official record. However, there are no medical documents available which indicate the applicant was wounded as a result of hostile action and his name is not listed on the Vietnam Casualty Roster.
3. General orders show the applicant was awarded the Bronze Star Medal with V Device (First Oak Leaf Cluster) for action on 4 July 1969. However, these orders do not indicate he was wounded as a result of hostile action in Vietnam.
4. Therefore, there is insufficient evidence on which to base 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) AR20090006799
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ABCMR Record of Proceedings (cont) AR20090006799
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