IN THE CASE OF:
BOARD DATE: 13 August 2013
DOCKET NUMBER: AR20130000137
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.
2. The applicant states, in effect, he was wounded in action on 17 November 1967. He was a first lieutenant (1LT) serving as a field artillery aerial observer. The helicopter he was in came under heavy fire and took multiple hits. A bullet struck him in the head causing him to bleed heavily. The pilot was also injured and they were forced to land the aircraft. They were only on the ground a few moments before another helicopter arrived and requested that he go back up over the battle and make adjustments for the field artillery. When he finally returned from the mission his head had stopped bleeding; therefore, he did not seek medical treatment.
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 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. After having had previous enlisted service the applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant (2LT) on 26 April 1966, entered active duty that date, and he held primary specialty P13 (Field Artillery).
3. His records show he served in Vietnam from 15 January 1967 to 12 January 1968 and from 29 July 1970 to 21 July 1971.
4. There is no evidence of record that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart. There is nothing in four typical sources that show he was wounded/injured as a result of hostile action:
a. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command (HRC), which is an index of general or special orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the applicant.
b. His name is not shown on the Vietnam casualty listing. This is a Microfiche Listing of Vietnam Era Casualties that is used to verify entitlement to the Purple Heart.
c. His record does not contain an official Army message or a Western Union Telegram notifying his next of kin of an injury or wound. This was the proper notification of injuries at the time.
d. His available medical records do not show he was injured as a result of hostile enemy action.
5. He was honorably discharged on 30 September 1977.
6. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against and 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 contends he should be awarded the Purple Heart because he was injured while serving in Vietnam.
2. The criteria for the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.
a. His medical records do not contain evidence to show he was injured or wounded as a result of hostile action.
b. His record does not contain an official Army message or a Western Union Telegram notifying his next of kin of an injury or wound.
c. He acknowledges that he received no medical treatment.
d. Based on the foregoing, there is insufficient evidence to show award of the Purple Heart.
3. The applicant and all others concerned should know that 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 Vietnam.
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) AR20130000137
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ABCMR Record of Proceedings (cont) AR20130000137
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