IN THE CASE OF:
BOARD DATE: 23 May 2012
DOCKET NUMBER: AR20110024378
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 (PH).
2. The applicant states his helicopter was shot down and his back was injured.
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 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, and 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 6 October 1969. He completed training and he was awarded military occupational specialty (MOS) 67A (Aircraft Maintenance Apprentice).
3. Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) during the period 17 September 1970 through 14 May 1971.
4. Item 38 (Record of Assignments) of his DA Form 20 does not show he was placed in a "patient" status at a medical treatment facility at any time during his active duty service.
5. Item 40 (Wounds) of the applicant's DA Form 20 is blank.
6. Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the PH.
7. There is no evidence in the available record and the applicant did not provide any evidence showing he was awarded the Purple Heart, that he sustained an injury as a result of hostile action, or that he was treated for wounds sustained as a direct result of hostile action.
8. 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.
9. Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name as a casualty.
10. Army Regulation 600-8-22 (Military Awards) provides that the PH is awarded for a wound sustained 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.
11. Army Regulation 600-200, chapter 9 of the version in effect at the time, stated, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 (wounds) of the DA Form 20. This regulation further stated that the date the wound or injury occurred would also be placed in item 40.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the PH was carefully considered and determined to lack merit.
2. There is no evidence in the available record and the applicant did not provide any evidence that shows he sustained an injury as a result of hostile action or that he received treatment for injuries sustained as a direct result of hostile action.
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
4. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20110024378
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ABCMR Record of Proceedings (cont) AR20110024378
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