IN THE CASE OF:	  

		BOARD DATE:	 4 June 2015

		DOCKET NUMBER:  AR20140018324


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Purple Heart. 

2.  The applicant states he was awarded the Purple Heart but never received it.  He was wounded on or about 15 March 1969, while assigned to the 173rd Airborne Brigade – Casper Platoon, in the Republic of Vietnam.   

3.  The applicant provides a two-page document entitled "Casper Aviation Platoon – Wounded in Action."  

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 11 September 1967.  He completed training and was awarded military occupational specialty (MOS) 67M (Helicopter Maintenance Repairman).  The highest rank/grade he attained during his period of military service was specialist five (SP5)/E-5.

3.  His record contains a DA Form 20 (Enlisted Qualification Record), which shows in:

	a.  Item 31 (Foreign Service), he served in the Republic of Vietnam from on or about 11 May 1968 to on or about 1 April 1969;  

	b.  Item 40 (Wounds), the first joint of the index fingers of each hand was amputated on 23 March 1969;

	c.  Item 41 (Awards and Decorations), no entry that shows he was awarded the Purple Heart; and  

	d.  Item 42 (Remarks), the entry "Guiding Helicopter in and blade chopped fingers off."

4.  His record contains a U.S. Army Republic of Vietnam (USARV) Form 130-R (USARV Casualty Report) that shows on 23 March 1969, at approximately 1930 hours, the first joint of the index fingers of each of his hands were amputated, after helicopter blades chopped his fingers off.  It states the report type as miscellaneous. 

5.  Special Order A-88, issued by the 26th Casualty Staging Flight (PACAF), APO, San Francisco, CA on 30 March 1969, evacuated him to Letterman General Hospital, San Francisco, CA for treatment.  

6.  He was honorably released from active duty on 10 June 1970.  His DD Form 214 shows he was credited with the completion of 2 years and 9 months of total active service during this period, including 10 months and 21 days of foreign service in the U.S. Army Pacific (USARPAC) Theater of Operations.  His DD Form 214 does not indicate he was awarded the Purple Heart.

7.  A review of his records reveals no orders or a recommendation for the award of the Purple Heart.

8.  A 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 U.S. Army Human Resources Command, failed to reveal any orders that show he was awarded the Purple Heart.
9.  He provides a two-page document entitled "Casper Aviation Platoon – Wounded in Action" with a paragraph heading of "Purple Heart."  His name appears on the list; it states he was a crew chief and he was wounded on          15 March 1969 while on the flight line at LZ (landing zone) English.  The document is from a website dedicated to those who served with the unit in the Republic of Vietnam.

10.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an 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's contention that he was awarded the Purple Heart but never received it was carefully considered.   

2.  He provides and his record contains evidence that shows he was wounded while serving in the Republic of Vietnam; however, the evidence shows his wounds resulted from a non-hostile accident/incident.    

3.  His record does not contain evidence that shows he was recommended for or awarded the Purple Heart.   Therefore, there is no basis to correct his DD Form 214 to show he was awarded the Purple Heart.

4.  The governing Army regulation provides that in order to be awarded the Purple Heart, a wound must be as a result of a hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.  The applicant's wounds did not result from hostile action; therefore, he does not qualify for award of 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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20140018324



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