IN THE CASE OF:
BOARD DATE: 18 September 2014
DOCKET NUMBER: AR20140002938
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.
2. The applicant states he was wounded on 28 September 1964 during a helicopter combat mission. He was a door gunner when enemy ground fire hit the rocket pods. Bullet holes were found in the rocket pods and mounts. He contends that this confirms his injuries were caused by enemy ground fire. Because he did not want to be grounded from flying in the combat missions, he treated himself until they were healed. He says his records do not show that he treated and redressed his own wounds. He stopped by the medical dispensary for bandages.
3. In another statement, the applicant contends that he received lacerations on his right hand, arm, and elbow. He ran to the dispensary to get treatment for the bleeding injuries. He was treated and told to stay and complete paperwork for the Purple Heart. But, he told the medic to take care of it and left because he felt he needed to get back to his crew. He never returned to follow up on the matter.
4. The applicant provides a copy of a service medical treatment record showing he was treated on 28 September 1964 showing he had several (word unreadable) on right hand from rockets leaving pod. He was prescribed ointment.
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 2 July 1963, the applicant enlisted in the Regular Army. He was trained as a light weapons infantryman.
3. On 16 November 1963, the applicant was assigned for duty with the 1st Battalion, 35th Infantry Regiment located in Hawaii.
4. On 4 September 1964, the applicant was attached to the 114th Aviation Company located in the Republic of Vietnam (RVN).
5. On 21 June 1966, the applicant returned to the United States.
6. On 23 June 1966, the applicant was released from active duty. He had attained the rank of sergeant, pay grade E-5 and had completed 2 years,
11 months and 22 days of creditable active duty service.
7. The applicant's DD Form 214 indicates he was awarded the:
* Air Medal with four Oak Leaf Clusters
* Combat Infantryman Badge
* Vietnam Service Medal
* National Defense Service Medal
* Armed Forces Expeditionary Medal (RVN)
8. The applicant's DA Form 20 (Enlisted Qualification Record) shows:
a. in Item 38 (Record of Assignments):no entry indicating he was a patient;
b. in Item 40 (Wounds): no entry indicating he was wounded in action; and
c. in Item 41 (Awards and Decorations): entries indicating the same awards as listed on his DD Form 214.
9. The applicants name is not listed on the Vietnam Casualty Roster.
10. 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.
11. Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force of the United States 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 his military records should be corrected to show award of the Purple Heart because he was wounded during a helicopter combat mission.
2. The Vietnam Casualty Roster does not contain the applicant's name. The applicant's DA Form 20 does not indicate he received any wounds while in action or that he had been in a patient status at any time.
3. The applicant admits in one of his own statements that he tended to his own wounds.
4. The service medical record that the applicant has provided states he was wounded by rockets leaving the pod. It does not state his injuries are the result of enemy action.
5. In view of the above, the available evidence is insufficient to show that the applicant was wounded as a result of enemy action or that he received medical treatment for any such wounds.
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) AR20110020295
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140002938
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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