IN THE CASE OF:
BOARD DATE: 22 May 2012
DOCKET NUMBER: AR20110022739
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 for injuries received in Vietnam.
2. The applicant states he was injured in a plane crash in Vietnam and he was hospitalized for 10 months as a result of his injuries. He goes on to state he was returning from a war zone at the time of the crash and believes he should receive the Purple Heart.
3. The applicant provides a one-page handwritten letter explaining 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 was inducted into the Army of the United States in Minneapolis, MN on 16 December 1965. He completed his basic training at Fort Leonard Wood, MO and his advanced individual training in military occupational specialty 13B (field artillery basic) at Fort Sill, OK before being transferred to Vietnam on 18 May 1966.
3. On 4 October 1966, the applicant was a passenger in a CV-2/C-7 Caribou aircraft that crashed into the side of a mountain while making an approach to an airstrip. The applicant sustained lacerations and injuries to his ear, shoulder, and leg. He was treated at the 2d Surgical Hospital and the 62d Evacuation Hospital in Vietnam, and the 106th General Hospital in Japan before being medically evacuated to Fitzsimons General Hospital in Denver, CO on 15 December 1966.
4. On 30 August 1967, he was transferred to Fort Carson, CO where he remained until he was honorably discharged on 8 February 1968 by reason of physical disability with severance pay. He completed 2 years, 1 month, and 23 days of total active service. The DD Form 214 he was issued at the time does not show award of the Purple Heart.
5. There is no evidence of record that shows he was awarded the Purple Heart. There is also no evidence that shows the referenced plane crash was the result of enemy action.
6. There were two fatal crashes during Operation Red Leaf transition training of U.S. Air Force (USAF) crews in Army CV-2s on 4 October and 28 October 1966. In all, there were 19 total CV-2s (C-7 Caribou) lost during the Vietnam War, of which 9 were combat losses.
7. 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. Examples of injuries or wounds that clearly do not justify award of the Purple Heart include accidents, such as explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action.
DISCUSSION AND CONCLUSIONS:
1. While there is no doubt the applicant was injured in a plane crash in Vietnam and the treatment for his injuries was made a matter of record, there is no evidence in the available record that shows the plane crash was caused by enemy action.
2. Although unfortunate, injuries that occur as a result of accidents do not qualify for award of the Purple Heart, even if they are in a war zone.
3. In the absence of evidence that shows his injuries were cause as a result of enemy action, there appears to be no basis to grant his request for award of the Purple Heart at this time.
4. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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 that 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 that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam 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) AR20110022739
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RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110022739
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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