IN THE CASE OF:
BOARD DATE: 5 June 2014
DOCKET NUMBER: AR20130018168
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 that on 8 July 1968 while serving with the 54th Medical Detachment Helicopter Ambulance Unit, Chu Lai, Republic of Vietnam, he was struck in the face and cheek with "Plexiglas slivers" when his helicopter windshield received several bullet strikes. Upon returning to base, Major B---- had the chief medic from their unit treat his wounds in his quarters instead of going to the 2nd Surgical Hospital.
3. The applicant provides:
* a self-authored statement
* three statements of support
* a copy of a "hit" report
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. The applicant enlisted in the Regular Army on 16 August 1961. On 29 January 1964, he was honorably discharged for immediate reenlistment. On 5 June 1967, he was honorably discharged to accept an appointment as a warrant officer and immediate entry on active duty.
3. The applicant served in the Republic of Vietnam from 17 August 1967 to
16 October 1968. On 2 March 1970, he was honorably discharged to accept a commission to first lieutenant. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued does not show award of the Purple Heart.
4. The applicant's record is void of orders or documents that indicate he was awarded the Purple Heart by proper authority while serving on active duty. It also contains no medical records showing he was wounded in action or treated for a wound received as a result of enemy action.
5. During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty roster. The applicant's name is not included on the roster.
6. A review of the Awards and Decorations Computer-Assisted Retrieval System 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.
7. The applicant provides correspondence from:
a. Presumably a member of the Military Order of the Purple Heart who references Army Regulation 600-8-2 (Military Awards) and who further requests consideration of the applicant's entitlement to the Purple Heart.
b. The former commander of the applicant's unit who assisted in obtaining a statement from the chief medic who claims to have treated the applicant, on 8 July 1968, for wounds to his face and neck caused by Plexiglas, and a copy of the "hit" report from July 1968.
8. Army Regulation 600-8-22 provides the Army's awards policy. Paragraph 2-8 contains guidance on the Purple Heart. It states the Purple Heart is awarded to members wounded in action and states that in order to award the Purple Heart, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his record to show award of the Purple Heart was carefully considered. The statements provided by the applicant, his former commanding officer, and the chief medic were carefully considered; however, absent independent corroborating evidence, it is not sufficient for award of the Purple Heart.
2. The Board begins its consideration of each case with a presumption of regularity; that is, what Army records reflect is correct and the burden of proving otherwise rests with the applicant.
3. In this case, there is no medical evidence in the applicant's records to support his claim. In addition, his name is not included on the Vietnam casualty listing, the official Department of the Army list of Republic of Vietnam battle casualties.
4. The applicant's service in the Republic of Vietnam and his sincerity are not in question. However, his record contains no medical treatment records or other documents which confirm he was wounded as a result of enemy action or treated for a combat-related wound or injury while serving in the Republic of Vietnam. The regulatory burden of proof necessary to support award of the Purple Heart has not been met; therefore, it would not be appropriate to award the applicant the Purple Heart.
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) AR20130018168
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ABCMR Record of Proceedings (cont) AR20130018168
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