IN THE CASE OF:
BOARD DATE: 24 November 2009
DOCKET NUMBER: AR20090010956
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 served in the Republic of Vietnam for 18 months. He is 100-percent disabled because of war injuries he received in 1968 and 1969. He states that he received a broken nose, cuts to his face, and an injury to his right hand when he was blown out of a helicopter. He has only had
30-percent use of his hand for 40 years. The applicant states he saved two Soldiers and received the Bronze Star Medal.
3. The applicant provides copies of his DD Form 214 and photographs of him with a helicopter 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 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. On 22 January 1968, the applicant was inducted into the Army of the United States for 2 years. He completed his initial training and was awarded military occupational specialty 96C (Interrogator).
3. On 14 June 1968, the applicant departed Fort George G. Meade, Maryland, for duty in the Republic of Vietnam.
4. On 21 July 1968, the applicant was assigned for duty with the 25th Military Intelligence Detachment. He served in this position until his return to the United States on or about 26 August 1969.
5. 25th Infantry Division General Orders Number 7697, dated 9 June 1969, awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force for the period from July 1968 to July 1969.
6. On 29 August 1969, the applicant was released from active duty. He had attained the rank of specialist five/pay grade E-5 and had completed 1 year, 7 months, and 8 days of creditable active duty.
7. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Bronze Star Medal. It does not show award of the Purple Heart.
8. A 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 U.S. Army Human Resources Command, failed to reveal any orders awarding the applicant the Purple Heart.
9. The applicant's name is not listed on the Vietnam casualty roster.
10. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) is blank. Item 41 (Awards and Decorations) of this same form does not show award of the Purple Heart.
11. 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, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he was wounded while serving in the Republic of Vietnam and should be awarded the Purple Heart.
2. There are no available general orders showing that the applicant was awarded the Purple Heart. The applicant's name is not listed on the Vietnam casualty roster. The applicant has not provided any documentary evidence showing that he was injured as a result of enemy action or that any such injuries received medical treatment. Therefore, the applicant's request for award of the Purple Heart should not be granted.
3. The applicant's orders awarding him the Bronze Star Medal indicate that he received this award for meritorious service in the Republic of Vietnam.
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 the aforementioned requirement.
5. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20090010956
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090010956
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