BOARD DATE: 8 November 2011
DOCKET NUMBER: AR20110010670
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 to be awarded the Purple Heart.
2. The applicant states that his records will show he had a severe back injury from a helicopter crash due to enemy fire in Vietnam in September 1967.
3. The applicant provides no additional evidence.
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 21 January 1964 for a period of 3 years and assignment to Europe. He completed basic and advanced individual training at Fort Leonard Wood, Missouri, and was transferred to Baumholder, Germany, where he served for 21 months.
3. On 24 April 1965, he reenlisted for a period of 6 years and training as a helicopter mechanic. He completed training at Fort Eustis, Virginia, and was transferred to Fort Sill, Oklahoma, where he remained until he was transferred to Vietnam on 4 June 1967. His records show he served in Vietnam for 6 months and he was in a patient status in the 106th General Hospital on 28 September 1967. He departed Vietnam on 18 December 1967 and was transferred to Korea.
4. He continued to serve through a series of continuous reenlistments and was promoted to the rank of command sergeant major on 24 April 1987.
5. On 31 January 1994, he was honorably retired and placed on the Retired List effective 1 February 1994. He completed 30 years and 10 days of active service.
6. The applicant's medical records were not available for review by the Board as they were loaned to the Department of Veterans Affairs in Alabama. A review of his official personnel records failed to show he was injured as a result of enemy action. Additionally, his name is not contained on the Vietnam casualty listing.
7. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify 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. While the sincerity of the applicant's claim that he was injured in a helicopter crash in Vietnam in September 1967 that was the result of enemy fire is not in doubt, there is no evidence in the available records to support his contention.
2. In the absence of evidence to show he was injured as a result of enemy action and treatment for that injury was made a matter of record, there appears to be no basis to grant his request for 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 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 this action in no way diminishes the sacrifices made by him in service to the United States during the Korean War. 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) AR20110010670
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ABCMR Record of Proceedings (cont) AR20110010670
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