IN THE CASE OF:
BOARD DATE: 28 February 2012
DOCKET NUMBER: AR20110017999
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 that he be awarded the Purple Heart.
2. The applicant states that while in Vietnam, he was onboard a helicopter when it crashed. He was injured and treated and was then grounded due to his injuries until 19 September 1970 but was never awarded the Purple Heart.
3. The applicant provides a DA Form 759-1 (Individual Flight Record and Flight Certificate - Army), a Chronological Record of Medical Care, and a memorandum, Subject: Medical Clearance to Perform Flight Duty.
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 enlisted in the Regular Army on 31 July 1968 and upon completion of initial entry training he was awarded military occupational specialty 63A (Track Vehicle Mechanic).
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 19 July 1969 to 7 March 1971. Item 40 (Wounds) is blank and item 41 (Awards and Decorations) does not show the Purple Heart.
4. There is no evidence in his Official Military Personnel File (OMPF) that indicates he was ever recommended for or awarded the Purple Heart or that he was treated for a combat-related wound. He is not listed in the Vietnam casualty roster.
5. He was honorably released from active duty on 7 March 1971. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Commendations Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not include the Purple Heart.
6. 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 the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
7. He provided a Chronological Record of Medical Care that indicates he was sent to the doctor on or around 25 September 1970 for evaluation in order to obtain a medical clearance for flying. This service medical record also indicates he was in a helicopter accident on 17 September 1970. However, this medical record does not describe the circumstances surrounding the helicopter accident or indicate he sustained injuries as a result of hostile action. He also provided a memorandum that shows he was granted a medical clearance to perform flight duty following an aircraft accident.
8. Army Regulation 600-8-22 (Military Awards) states 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 applicant's contention that he should be awarded the Purple Heart has been carefully considered.
2. His DA Form 20 contains no entries indicating he was wounded in action and there is no evidence in his OMPF that indicates he was ever recommended for or awarded the Purple Heart or that he was treated for a combat-related wound. His name is not listed in the Vietnam casualty roster. The regulation requires that substantiating evidence must be provided to verify that the injury was the result of hostile action. In the absence of such evidence, the Chronological Record of Medical Care provided failed to confirm he was treated for wounds sustained as a result of a hostile attack. Therefore, the evidence is insufficient for award of the Purple Heart in this case.
3. Based on the foregoing, there is no basis to grant 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 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) AR20110017999
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ABCMR Record of Proceedings (cont) AR20110017999
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