BOARD DATE:	  1 March 2011

		DOCKET NUMBER:  AR20100019446 


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 was injured in the Republic of Vietnam at Chu Li when an American helicopter crashed onto or near the ammunition bunker where he was working.  The roof of the bunker caught fire and he received burns to his back, ankle, and ear.  He states he spent 3 or 4 days in the hospital and he was returned to duty.

3.  The applicant does not provide any documentary evidence 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.  The applicant was inducted into the Army of the United States on 6 October 1965.  He completed his initial entry training and he was awarded military occupational specialty 13B (Field Artillery Crewman).  The highest rank/grade he attained was sergeant (SGT)/E-5.

3.  The applicant served in the Republic of Vietnam from 16 May 1967 to on or about 27 August 1967 as an assistant gunner with Battery A, 3rd Battalion, 16th Artillery.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) contains the following entries:

	a.  item 40 (Wounds) is blank;

	b.  item 41 (Awards and Decorations) shows the:

* Vietnam Service Medal
* National Defense Service Medal
* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 

5.  The applicant's service personnel records do not contain general orders awarding him the Purple Heart.

6.  The applicant was honorably released from active duty on 28 September 1967 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He was issued a DD Form 214 that shows he competed 1 year, 11 months, and 23 days of active service with 4 months and 12 days of foreign service 

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Campaign Medal with Device (1960)


8.  The applicant's name is not listed on the Vietnam casualty roster.  Excerpts from his military medical records show he received medical treatment on 6 August 1967 at the 3rd Battalion, 16th Artillery aid station.  The handwriting on the medical care record is not completely decipherable.  However, it does show he was injured "IN A CHOPPER CRASH."

9.  Army Regulation 672-5-1 (Military Awards), then in effect, provided that the Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services has been wounded, killed, or who has died as a result of 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 a medical officer, and the medical treatment must have been made a matter of official record.

10.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, provided that a brief description of wounds or injuries (including injury from gas) requiring medical treatment that was received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

DISCUSSION AND CONCLUSIONS:

The applicant's name is not listed on the Vietnam casualty roster and his complete military medical records are not available for review.  Item 40 of his DA Form 20 is blank, indicating he was never wounded in action during his service.  With no published orders awarding him the Purple Heart and incomplete medical records showing his injury resulted from hostile or enemy action, there is insufficient evidence upon which to base award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x___  ___x_____  ___x_____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that 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. 



      ___________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)                                         AR20100019446



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ABCMR Record of Proceedings (cont)                                         AR20100019446



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