BOARD DATE:	    6 October 2011

		DOCKET NUMBER:  AR20110017659 


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 and Silver Star.

2.  He states he received injuries from a helicopter crash in Vietnam in 1967 that was considered to be hostile action by the enemy.  He awoke in the hospital with an injured right leg, headaches, and hearing loss.  The leg scars, headaches, and hearing loss from the crash exist today.  He was hospitalized approximately 25 times due to the helicopter crash.  He realized that all entitled medals are not in his record or shown on his DD Form 214 (Report of Separation from Active Duty) while talking to Veterans of Foreign Wars veterans service officers.

3.  He provides copies of his DD Form 214 and Department of Veterans Affairs (VA) Form 21-0781 (Statement in Support of Claim for Service Connection for Post-Traumatic Stress Disorder (PTSD)).

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.  Based upon his application, it does not appear the applicant was recommended for or awarded the Silver Star.

	a.  The governing law and regulations place time limitations on submission of award recommendations.  Absent any evidence of record or independent evidence provided by the applicant that shows he was recommended for or awarded the Silver Star the proper authority, his request exceeds these statutory and regulatory time limitations.

	b.  However, Title 10, U.S. Code, section 1130, allows the Service Secretary concerned to review a proposal for the award of or upgrading of a decoration that is otherwise precluded from consideration by limitations established by law or policy.  In order to request an award under Title 10, U.S. Code, section 1130, he must submit a DA Form 638 (Recommendation for Award).  The DA Form 638 should clearly identify his unit, the period of assignment, and the award being recommended.  A narrative of the actions or period for which he is requesting recognition must accompany the DA Form 638.  In addition, his award request should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request.

	c.  Title 10, U.S. Code, section 1130, also requires that a request of this nature be referred to the Service Secretary from a Member of Congress.  Therefore, he must submit his request through a Member of Congress to the Secretary of the Army at the following agency:  U.S. Army Human Resources Command (HRC), ATTN:  SGS, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

	d.  If the applicant chooses to pursue the Silver Star by submitting a request under the provisions of Title 10, U.S. Code, section 1130, and his request is subsequently denied by HRC, he may reapply to the ABCMR.  Therefore, award of the Silver Star will not be discussed further in this Record of Proceedings.

3.  His military record shows he was inducted into the Army of the United States on 28 April 1966.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 18 October 1966 through 14 October 1967.

4.  He was honorably released from active duty on 26 April 1968 at the expiration of his term of service and he was transferred to the U.S. Army Reserve Control Group (Annual Training).

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Purple Heart.

6.  There is no evidence in his record showing he was wounded in action during his service in Vietnam.  There are no official orders in his military personnel records authorizing him award of the Purple Heart.

7.  Item 40 (Wounds) of his DA Form 20 does not reflect that he was wounded as a result of hostile enemy action and item 41 (Awards and Decorations) of his DA Form 20 does not list the Purple Heart.

8.  His name is not shown on the Vietnam casualty listing.

9.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of HRC, failed to reveal any orders for the Purple Heart pertaining to the applicant.

10.  He provides a copy of a VA Form 21-0781 wherein he stated he was involved in a helicopter crash in Vietnam in 1967 and then he woke up in the hospital.

11.  Army Regulation 600-8-22 (Military Awards), states the Purple Heart is awarded for an injury or wound sustained 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.  The applicant's request for award of the Purple Heart was carefully considered.  In order to support award of the Purple Heart there must be evidence confirming the wound/injury for which the award is being made was received as a direct result of or was caused by enemy action, the wound/injury must have been treated by medical personnel, and a record of this treatment must have been made a matter of official record.

2.  There is no evidence of record and he provided insufficient evidence to show he was wounded or injured as a result of hostile action during his service in Vietnam.  His name does not appear on the Vietnam casualty listing.

3.  Absent corroborating evidence confirming his request (such as his service medical records, which he should be able to obtain from the VA), the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.  Therefore, he is not entitled to award of the Purple Heart and its addition to his DD Form 214.

4.  In view of the foregoing, there is no basis for granting him the requested relief.

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 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)                                         AR20110017659



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ABCMR Record of Proceedings (cont)                                         AR20110017659



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