IN THE CASE OF:
BOARD DATE: 10 December 2009
DOCKET NUMBER: AR20090011327
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 he injured his shoulder in a helicopter crash in September 1970. Both he and the pilots were medically evacuated to a hospital in Quin Yphin, Vietnam.
3. The applicant provides no supporting documentation.
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 service medical and dental records are believed to be on permanent loan to the Department of Veterans Affairs and are not available for review.
3. The applicant was inducted into the Army of the United States on 19 April 1967, completed training, and was awarded the military occupational specialty (MOS) 31N (Tactical Circuit Controller).
4. He served in Vietnam from 20 December 1967 through 19 December 1968.
5. He was honorably released from active duty on 19 December 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training). The DD Form 214 issued at this time lists his awards as the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.
6. The applicant enlisted in the Regular Army on 30 September 1969 and served for 9 months and 19 days before reenlisting while in Vietnam. The DD Form 214 issued at this time lists his award as the Vietnam Service Medal.
7. The 16 July 1976 DD Form 214 lists his awards as the National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal (1st Oak Leaf Cluster), the Air Medal (5th Award), the Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).
8. The DA Form 20 (Enlisted Qualification Record) provides the following documentation:
a. service in Vietnam from 20 December 1967 through 19 December 1968 and 24 June 1970 through 21 May 1971;
b. award of MOS 31N (Tactical Circuit Controller) on 10 November 1967, 31M (Radio Relay and Multichannel Transmission Systems Repairman) on 22 September 1967, 67E (Door Gunner) on 24 October 1970, 67N (Helicopter Repairman) on 18 December 1970, and a return to MOS 31N on 1 August 1973;
c. his duty assignments include a period from 3 August 1970 through 27 February 1971 where he served as a door gunner with the 129th Aviation Company in Vietnam; and
d. block 40 (Wounds) is blank.
9. A review of the Vietnam Casualty List failed to locate any reference to the applicant.
10. Army Regulation 600-8-22 (Military Awards) provides 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 states he injured his shoulder in an helicopter crash in September 1970. Both he and the pilot were medically evacuated to a hospital in Quin Yphin, Vietnam.
2. The record does not contain and the applicant has not provided any medical documentation to show that he sustained an injury or wound as the result of hostile action that required treatment and that such treatment was made a matter of official record.
3. Without the service medical records, other official documentation to substantiate treatment for a combat-incurred wound, and/or a listing on the Vietnam Casualty List, award of the Purple Heart is not appropriate.
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 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) AR20090011327
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