IN THE CASE OF:	  

		BOARD DATE:	  10 March 2011

		DOCKET NUMBER:  AR20100022752 


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 a combat injury he received while serving in the Republic of Vietnam (RVN).

2.  The applicant states the current condition of his left hand is a direct result of a combat injury incurred on 10 September 1967 near Duc Pho, South Vietnam while on a downed helicopter recovery mission.

3.  The applicant provides copies of the following in support of his application:

* U.S. Army Human Resources Command (USAHRC), Awards and Decorations Branch memorandum, dated 22 June 2010
* Self-authored account of events titled, Vietnam - 1967 "Eternal Memories, a Frightening Encounter"
* Three Witness Statements
* Post Service Medical Records
* USAHRC, Military Awards Branch memorandum, dated 15 October 2008
* Purple Heart Magazine article, dated May/June 2009
* Department of Defense (DOD) revised Purple Heart eligibility criteria, released 6 October 2008
* National Personnel Records Center requests for information
* Army Historical Records request for information



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 enlisted in the Regular Army on 29 August 1966 for 3 years.  He completed his initial training and was awarded military occupational specialty 67N (UH-1 Helicopter Repairer).

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

4.  His DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from on or about 31 March 1967 to 26 March 1968 and he was assigned to the 335th Transportation Company.

5.  On 13 June 1969, he was released from active duty.  He had attained the rank/grade of specialist five (SP5)/E-5 and completed 2 years, 9 months, and 
15 days of total active service.

6.  On 15 October 2008, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 was corrected to show the Army Good Conduct Medal, Vietnam Service Medal with three bronze service stars, Meritorious Unit Commendation with One Oak Leaf Cluster, Republic of Vietnam Gallantry Cross with Palm Unit Citation, National Defense Service Medal, Republic of Vietnam Campaign Medal, Sharpshooter Marksmanship Qualification Badge (M-16 Rifle) and the Expert Marksmanship Qualification Badge 
(M-14 Rifle).

7.  The applicant’s name is not listed on the Vietnam casualty roster.

8.  Item 40 (Wounds) of his DA Form 20 contains no entries.

9.  The applicant's witness statements state the applicant volunteered for a recovery mission of a downed helicopter on 10 September 1967.  The crew members came under enemy fire resulting in the pilot being injured and copilot being killed.  The crewmembers were evacuated from the area.  One statement indicates the applicant returned to his unit with a minor injury on the top of his left hand.  Other Soldiers told the applicant to report the injury because he could get a Purple Heart but he did not seek medical attention because he felt his injury was too minor.  The applicant believed the pilot and copilot where the ones who deserved the Purple Heart.  

10.  The applicant provides correspondence from the USAHRC Awards Branch, which denied his request the Purple Heart based on insufficient facts surrounding the circumstances of his combat injury.  Further, he provides documentation relating to his numerous attempts to obtain evidence of his injury which include requests for unit morning reports, after action reviews, and fellow crew members' records.  He submits a news article which discusses award of the Purple Heart and how a Congressman helped a veteran get his injuries documented and awarded the Purple Heart.

11.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S.  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 requests award of the Purple Heart for a combat injury received while serving in the RVN.

2.  There are no general orders that show he was awarded the Purple Heart.  His name is not listed on the Vietnam Casualty Roster.  Further, there is no available evidence showing he was wounded as a result of enemy action or that he received medical treatment for any such wounds.  By the applicant's own admission he did not seek medical attention.

3.  The witness statements indicate the applicant volunteered for a recovery mission in which the crew came under enemy fire.  The applicant contends he injured his left hand during this mission; however, he did not seek medical attention because his injury was minor.  This indicates that the nature of his wounds did not require medical treatment and, as such, he did not meet the regulatory provisions for award of the Purple Heart.

4.  In view of the foregoing, his 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)                                         AR20100022752



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ABCMR Record of Proceedings (cont)                                         AR20100022752



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