IN THE CASE OF:
BOARD DATE: 10 January 2013
DOCKET NUMBER: AR20120012403
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 correction of his military records to show award of the Purple Heart for injuries received during his service in the Republic of Vietnam (RVN).
2. The applicant states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) indicates he was not wounded. He contends that this is wrong because he was wounded on 23 July 1963 and hospitalized.
3. The applicant provides copies of:
* DD Form 214
* Standard Form (SF) 600 (Chronological Record of Medical Care), dated 23 July 1963
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. On 4 June 1962, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 675.10 (Single Rotor Helicopter Mechanic).
3. On 20 November 1962, the applicant departed Fort Benning, Georgia for duty in the RVN.
a. On 29 December 1962, he was assigned for duty with the 18th Aviation Company.
b. The SF 600, dated 23 July 1963, as provided by the applicant, states that he sustained a laceration of his forehead and foreign bodies in both eyes when a generator exploded. His laceration was cleaned and stitched. His eyes were determined to be alright.
c. On 9 December 1963, he departed the RVN and was subsequently assigned to Fort Rucker, Alabama.
4. On 3 June 1965, the applicant was released from active duty. He had attained the rank of specialist four, pay grade E-4, and he had completed 3 years of creditable active duty.
5. The applicant's DD Form 214:
a. Lists his awards as:
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Armed Forces Expeditionary Medal
* Good Conduct Medal
* Vietnam Service Medal
b. Reports no wounds received as a result of action with enemy forces.
6. The applicants name is not listed on the Vietnam Casualty Roster.
7. Section 8 (Wounds Received Through Enemy Action) of the applicants DA Form 24 (Service Record) is blank.
8. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), failed to reveal any orders awarding the applicant the Purple Heart. ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command.
9. Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show award of the Purple Heart.
2. There are no available general orders showing the applicant was awarded the Purple Heart. The applicant's name is not listed on the Vietnam Casualty Roster. His DA Form 24 does not show a record of any wounds received in action.
3. The available medical evidence clearly shows he sustained injuries when a generator exploded. However, there is no evidence indicating that the explosion was caused by enemy action. Accordingly, his injuries were the result of an accident that does not qualify for award of the Purple Heart.
4. In view of the above, the applicant's request should be denied.
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) AR20120012403
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ABCMR Record of Proceedings (cont) AR20120012403
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