IN THE CASE OF:
BOARD DATE: 29 April 2010
DOCKET NUMBER: AR20090018513
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 the Purple Heart (PH) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he was in an aircraft that was shot down and his fellow Soldier received the PH but he did not.
3. The applicant provides a copy of his DD Form 214.
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 record shows the applicant enlisted in the Regular Army and entered active duty on 23 October 1968. He was trained in and awarded military occupational specialty (MOS) 67Y (AH-1 Attack Helicopter Repairer) on
10 March 1969.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 19 May 1969 through 28 May 1970.
4. Item 40 (Wounds) of the DA Form 20 is blank and the Purple Heart is not included in the list of awards contained in item 41 (Awards and Decorations).
5. The record contains no documents or an order indicating the applicant was awarded the PH by proper authority while serving on active duty. It is also void of any medical treatment records showing he was treated for wounds sustained as result of hostile action while serving in the RVN.
6. On 23 October 1970, the applicant was released from active duty after completing 1 year, 7 months, and 7 days of creditable active duty service.
7. The applicant's name does not appear on the Department of the Army (DA) Vietnam Casualty Roster.
8. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. Paragraph 2-8 contains guidance on the PH. It states the PH is awarded to members wounded in action. It also states in order to award the PH there must be evidence of the wound for which the award is being made was a result of enemy action; the wound required treatment by military medical personnel; and a record of the medical treatment was made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention he should be awarded the PH has been carefully considered. However, the evidence of record fails to support this claim.
2. By regulation, in order to support award of the PH the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action; the member must have required medical treatment by military medical personnel; and this medical treatment must have been made a matter of official record.
3. Records fail to show the applicant was wounded in action or treated for a combat-related wound while serving in the RVN. His name is not included on the Vietnam Casualty Roster, the official DA list of RVN casualties. As a result, the regulatory burden of proof necessary to support award of the PH has not been met. The evidence does not support award of the PH.
4. The applicant and all others concerned should know 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.
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) AR20090018513
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ABCMR Record of Proceedings (cont) AR20090018513
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