IN THE CASE OF:	  

		BOARD DATE:	       27 AUGUST 2009

		DOCKET NUMBER:  AR20090005478 


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 that he be awarded the Purple Heart.

2.  The applicant states that when he was reassigned to the 176th Assault Helicopter Company in Vietnam, he was assigned duties as a machine gunner and later was made a crew chief of a helicopter.  He says he flew over 1000 missions.  While flying as the crew chief for a helicopter in Vietnam, his helicopter went through a dense cloud of gassy smoke caused by rockets and smoke grenades.  These caused his skin to blister.  He was told he was going to be awarded the Purple Heart for those blisters, but he declined the award.  He would now like the offer of the Purple Heart reinstated.

3.  The applicant provides a copy of his driver's license, a Department of Veterans Affairs rating decision, and excerpts from his military records.

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's military records show that he enlisted in the Regular Army on 29 October 1969, was awarded the military occupational specialty of lineman, and was promoted to pay grade E-3.  He served in Vietnam as a wireman from 13 August 1970 to 10 August 1971.

3.  He was given a general discharge on 3 May 1972.

4.  The applicant's DA Form 20 (Enlisted Qualification Record), item 40 (Wounds) is blank.  Item 41 (Awards and Decorations) does not list the Purple Heart.

5.  The Vietnam casualty list does not contain the applicant's name.

6.  Army Regulation 672-5-1 (Military Awards), then in effect, provided in pertinent part that the Purple Heart was awarded to any member of an Armed Force or any civilian National of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services, was wounded, killed, or who died as a result of a wound sustained 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 a medical officer, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of the applicant being wounded as a result of hostile action or of him being treated for such wounds.

2.  As such, there is insufficient evidence in which 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)                                         AR20090005478



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ABCMR Record of Proceedings (cont)                                         AR20090005478



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