BOARD DATE:	  March 2, 2010

		DOCKET NUMBER:  AR20090015448 


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 military records to show award of the Purple Heart.

2.  The applicant states that he received a head injury in the Republic of Vietnam when the helicopter he was in crashed and burned.  The applicant states that he is making this request so that he may be eligible for service-connected compensation for Post-Traumatic Stress Disorder (PTSD).

3.  The applicant provides, in support of his application, copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), orders awarding him the Air Medal, pictures of a crashed helicopter, and pictures of an individual with a head injury that the applicant purports to be him.

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 27 December 1967, the applicant enlisted in the Regular Army for 2 years.  He completed his initial training and was awarded military occupational specialty (MOS) 67U (Helicopter Mechanic).  He was subsequently assigned to Fort Hood, Texas.

3.  On 20 January 1969, the applicant departed Fort Hood for duty in the Republic of Vietnam.

4.  On 1 March 1969, the applicant was assigned duty as a helicopter mechanic with the 228th Aviation Battalion.  He served with this organization until he departed on 18 December 1969 to return to the United States.

5.  General Orders Number 14026, 1st Cavalry Division, dated 10 October 1969, awarded the applicant the Air Medal with "V" device for heroism while participating in aerial flight in the Republic of Vietnam.  He distinguished himself by exceptionally valorous action on 7 November 1969 when the helicopter he was in took heavy enemy fire, crashed and burst into flames.  The applicant, with disregard for his own safety, returned to the wreckage and pulled the pilot to safety.  The citation does not indicate that the applicant received any injuries as a result of this event.

6.  On 21 December 1969, the applicant was released from active duty.  He had attained the rank of specialist five/pay grade E-5 and he had completed 1 year, 
11 months, and 25 days of creditable active service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) lists his awards as the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Commendation medal, and the Air Medal.  It does not show award of the Purple Heart.

8.  Review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), 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) contains no entries.

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

12.  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 in the Republic of Vietnam and should have been awarded the Purple Heart.

2.  There are no general orders that show the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster.  The applicant’s DA Form 20 does not show any record of him being wounded in action.  There is no available service medical record showing he received treatment for an injury sustained as a result of enemy action.  

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

4.  Additionally, the pictures the applicant provided are not sufficient to support award of the Purple Heart.  

5.  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.

6.  In view of the foregoing, the applicant's request should be denied.

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)                                         AR20090015448



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ABCMR Record of Proceedings (cont)                                         AR20090015448



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