BOARD DATE: 21 September 2011
DOCKET NUMBER: AR20110004586
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 correction of his military records to show award of the Purple Heart for injuries received in the Republic of Vietnam (RVN).
2. The applicant states he was working on the flight line. During a mortar attack, while running to the bunker, he cut his knee causing damage to the tendons in his left knee. He was taken to the hospital in Cu Chi and later was medically evacuated to the United States. While in Cu chi he was told that he would receive a Purple Heart, but he never did. He never followed up until now.
3. The applicant provides no additional documentation.
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. On 23 September 1968, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 67N (Utility Helicopter Repairman).
3. On 13 May 1968, the applicant departed Fort Benning, Georgia for duty in the RVN.
a On 15 June 1968, he was assigned for duty with Headquarters and Headquarters Company, 1st Brigade, 1st Air Cavalry Division.
b. On 27 July 1968, he was assigned as a patient with the 106th General Hospital.
c. On 17 November 1970, he was assigned for duty with the 1st Aviation Company, Fort Rucker, Alabama.
4. On 26 June 1970, the applicant was released from active duty. He had attained the rank of specialist four, pay grade E-4 and had completed 1 year,
9 months and 4 days of creditable active duty.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as:
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle [M-14] Bar
* Vietnam Service Medal
* RVN Vietnam Campaign Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle [M-16] Bar
6. The applicants name is not listed on the Vietnam Casualty Roster.
7. Item 40 (Wounds) of the applicants DA Form 20 (Record Enlisted Qualification) is blank.
8. The applicant's service medical records are not available for review.
9. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), failed to reveal any orders awarding the applicant the Purple Heart. ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command.
10. Army Regulation 600-8-22 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, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show award of the Purple Heart for injuries received during a mortar attack.
2. There are no available general orders showing the applicant was awarded the Purple Heart. The applicant's name is not listed on the Vietnam Casualty Roster. Item 40 of his DA Form 20 does not show a record of any wounds received in action.
3. Should the applicant have, or be able to obtain copies of his service medical records that definitively show he was injured and hospitalized as a direct result of an enemy attack; or, be able to provide other substantiating documentation showing such action, he may submit another applicant to this Board for consideration.
4. In view of the above, the applicant's 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) AR20110004586
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