BOARD DATE: 12 October 2010
DOCKET NUMBER: AR20100011796
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 injuries sustained to his chin and back while serving in the Republic of Vietnam (RVN).
2. The applicant states he was injured in a helicopter crash on 26 August 1969. He feels the crash was caused as a result of enemy fire. He contends the helicopters were flying in a tight formation due to enemy fire. He suffered a chin laceration and a back injury as a result of the crash.
3. The applicant provides copies of two DD Forms 214 (Report of Separation from Active Duty) for the periods ending 3 October 1973 and 28 April 1977, respectively.
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 records show he enlisted in the U.S. Army on 13 November 1967 for a period of 3 years. Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty 67A (Aircraft Maintenance Crewman). After several reenlistments, the applicant was honorably released from active duty on 28 April 1977. He served a total of 8 years, 10 months, and 21 days of active service and 1 month and 9 days of prior inactive service.
3. The applicants DA Form 20 (Enlisted Qualification Record) shows he was assigned to Troop A, 7th Squadron, 1st Air Calvary, while serving in Vietnam during the period 3 November 1968 through 27 October 1969.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's two DD Forms 214 shows he was awarded the National Defense Service Medal, Army Good Conduct Medal, Air Medal with Numeral 13, and Army Commendation Medal with 1st Oak Leaf Cluster.
5. Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Aircraft Crewmember Badge, RVN Campaign Medal with Device (1960), Air Medal, Army Commendation Medal, and two overseas service bars.
6. The applicant's name does not appear on the Vietnam casualty roster and item 40 (Wounds) of his DA Form 20 is void of any entries.
7. The applicants medical records are not available for review.
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 for the Purple Heart pertaining to the applicant.
9. Army Regulation 600-8-22 (Military Awards) states 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 by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his record should be corrected to show award of the Purple Heart was carefully considered; however, it is not supported by the available evidence.
2. There is no evidence of record and the applicant has not provided any evidence to show he was wounded as a result of hostile action, that he was treated by medical personnel, and that his treatment was made a matter of official record. Therefore, there is no basis for granting the applicant's requested relief.
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) AR20100011796
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ABCMR Record of Proceedings (cont) AR20100011796
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