IN THE CASE OF:	  

		BOARD DATE:	    23 August 2011

		DOCKET NUMBER:  AR20110002796 


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, through his Member of Congress, award of the Purple Heart.   

2.  The applicant states he sustained a combat injury on or about 15 March 1968 in Vietnam.  Due to the tactical situation at the time, he failed to make an application for this award.  

3.  The applicant provides a statement, dated 24 September 2010, from a former unit member and an Internet printout of the history of the 244th Aviation Company.

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's records show he was appointed as a Reserve commissioned officer of the Army on 22 January 1955 and entered active duty on 23 February 1955.  He served in a variety of stateside and overseas assignment, including the below overseas service, and he attained the rank of lieutenant colonel (LTC):

* Germany, from 5 February 1958 to 22 July 1961
* Vietnam, from 19 October 1963 to 20 October 1964
* Vietnam, from 27 October 1967 to 25 September 1968 (he was assigned to the 244th Aviation Company)
* Hawaii, from 4 September 1971 to 26 July 1976

3.  He was honorably retired on 31 August 1978 and placed on the retired list in his retired rank of LTC on 1 September 1968.  Item 26 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Commendation Medal (2nd Oak Leaf Cluster)
* National Defense Service Medal
* Meritorious Unit Commendation
* Vietnam Service Medal (5 campaigns)
* Vietnam Cross of Gallantry with Palm unit citation
* Bronze Star Medal
* Meritorious Service Medal
* Republic of Vietnam Campaign Medal
* Joint Service Commendation Medal
* Air Medal (20th Award)
* Master Aircraft Aviation Badge

4.  Nothing in six typical documents confirms his entitlement to the Purple Heart:

* His name is not shown on the Vietnam casualty roster
* His medical records are not available for review with this case
* The Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart for him
* His DA Form 2-1 (Personnel Qualification Record) reflects all his awards but not the Purple Heart; it also does not reflect an injury or any physical limitations
* His service records do not contain orders awarding him the Purple Heart
* There are no official notifications or Western Union messages to his next of kin of an injury in Vietnam

5.  He submits:

	a.  Statement, dated 24 September 2010, from a former unit member who states he was the operations officer for the 244th Aviation Company at the time.  In February or March 1968, the compound received heavy enemy mortar fire that resulted in significant damage.  Many personnel were wounded.  The unit commander, the applicant, was hit in the right leg by shrapnel from a mortar round.  He was going to be "recommended" for award of the Purple Heart by the executive officer but the applicant told him to wait because of the mission/tactical situation.  The executive officer later rotated out. 

	b.  An internet article, dated 28 January 2011, published by the Mohawk Association and chronicles the history of the 244th Aviation Company.  The author lists the applicant as a member of the 244th Aviation Company.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather he or she is entitled to it upon meeting specific criteria.  When contemplating an award of this decoration, the key issue is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not the sole justification for the award.

2.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

3.  In this case, nothing in his service records shows he was injured as a result of enemy action.  Additionally, his record is void of any orders that show he was awarded the Purple Heart, his name is not shown on the Vietnam casualty roster, his DA Form 2-1 does not indicate any injuries or physical limitations, and his medical records which would have documented the source of an injury and need for treatment are not available for review with this case. 
4.  Notwithstanding the applicant's and/or the former unit member's sincerity, statements based on memory and prepared some 40 years after the event are insufficient by themselves.  In the absence of official documentary evidence such as operation orders, morning reports, after action reports, official orders to corroborate the events that led to his alleged injury, or additional documentation that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to award him the Purple Heart in this case.

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)                                         AR20110002796





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ABCMR Record of Proceedings (cont)                                         AR20110002796



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