IN THE CASE OF:
BOARD DATE: 19 January 2012
DOCKET NUMBER: AR20110013882
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 he be awarded the Purple Heart.
2. The applicant states he was injured while hanging in a McGuire rig [a jungle penetrating extraction apparatus) when the helicopter performing the extraction of his unit came under fire and had to take evasive action. This action drug unit members on the ropes through the trees.
3. The applicant provides copies of an Americal Division newspaper article and three personal statements 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 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. The applicant's service medical and dental records are believed to be on permanent loan to the Department of Veterans Affairs and are not available for review.
3. The applicant served on active duty in Regular Army from 10 September 1968 through 30 May 1983 with service in Vietnam from 13 October 1969 through 4 October 1970.
4. His DD Form 214 lists his awards as the National Defense Service Medal, Air Medal, Ranger Tab, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), Overseas Service Bar (2nd award), Master Parachutist Badge, Bronze Star Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Army of Occupation Medal, Scuba Diver Badge, Army Service Ribbon, Good Conduct Medal (4th award), Meritorious Unit Commendation, Overseas Service Ribbon, and the Noncommissioned Officer's Professional Development Ribbon (1).
5. The newspaper article indicates the applicant's unit was inserted into an enemy base camp and the unit was extracted by a K McGuire rig lowered through the trees. The article does not indicate the helicopter doing the extraction came under fire nor that any of the extractees were injured.
6. The three personal statements all describe the same incident as the news article, but all state that during the extraction process members of the unit were drug through the trees due to small arms fire and most members of the team were injured when the ropes were cut.
7. The applicant's record does not contain any indication that he was injured while serving in Vietnam and his name does not appear on the Vietnam Casualty Roster.
8. Army Regulation 600-8-22 (Military Awards) paragraph 2-8 provides that the Purple Heart is awarded for a wound sustained while in action against the enemy or as a 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.
DISCUSSION AND CONCLUSIONS:
1. The statements of individuals are inadequate as the sole basis for an award of the Purple Heart because they do not fulfill the regulatory requirement that there be a record of medical treatment. Additionally, the applicant's name is not on the Vietnam Casualty Roster and he has not provided any medical documentation to support award of the Purple Heart.
2. The record contains no official documentation to support the applicant's contention that he received a wound which was the result of hostile action. Without a record of treatment for a wound sustained as the result of enemy action, entitlement to the Purple Heart cannot be established.
3. Therefore, there is insufficient evidence to award the applicant the Purple Heart.
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) AR20110013882
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ABCMR Record of Proceedings (cont) AR20110013882
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