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Decision Text

ARMY | BCMR | CY1997 | 199710908
Original file (199710908.rtf) Auto-classification: Approved
2. The applicant requests award of the Purple Heart (PH).

3. The applicant states, in effect, on 19 August 1966, his Recon Platoon landed in LZ Blue after it had been prepared with high explosive and white phosphorus artillery fire to the accompaniment of suppressive gunship cannon and rocket fire. These projectiles and/or agents were released with the full intent of inflicting damage or destroying enemy troops or equipment. Applicant’s platoon made a heliborne assault into this grassed and wooded landing zone in support of an engineering repair of a bridge. When the applicant off-loaded the helicopter, he moved toward the perimeter and dropped into a low crawl because of team fire and movement. At this point applicant crawled through a patch of smoldering white phosphorus fragments. Pieces of white phosphorus adhered to the applicant’s forearms leaving pitting burns from 1-2 cm in width over 5-6 cm areas 2nd and 3rd degree in severity. Applicant had to forego other treatment, after treating himself from his own medical bag, until 20 August 1966 when the platoon was evacuated from their position. Applicant states that he was treated by a Captain, Medical Corps, with flushing, cleansing and bandaging of the forearms. However, only a treatment record reflecting a follow-up for burns of the right arm on 21 August 1966, exists as official documentation of the injuries.

4. Records available to the Board show that the applicant was born on
19 August 1946. He enlisted in the Army on 2 June 1964 for a term of 3 years and served until 14 April 1967, when he was released to a Army Reserve Control Group. During this period of active duty he served as a medical corpsman in Vietnam for 11 months and 26 days. He was advanced by regular promotions to Specialist Four (E-4) on 15 August 1966. On 4 September 1968, applicant re-enlisted in the Army for a period of 3 years and received an Honorable Discharge on 24 August 1971. He received the National Defense Service Medal, the Expert Marksmanship Badge (Rifle, M-16), the Sharpshooter Badge (Rifle,M-14), the Republic of Vietnam Campaign Medal Ribbon w/(60)device, the Vietnam Service Medal w/2 Bronze Stars, the Combat Medical Badge, the Republic of Vietnam Gallantry Cross w/Bronze Star, the Parachutist Badge, the Republic of Vietnam Gallantry Cross w/Palm Unit Citation Badge, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation Badge, and the Bronze Star Medal w/”V” device. Applicant’s education includes; USAMEDTC 91A10 10 wks 1964, Recondo Course Class 2-68 3 wks 1968, 82nd Abn Div NCO Sch 4 wks 1969, Basic Aidman Crs 91A10 USAIMA 10 wks 1969, Special Forces Aidman 300-F1 MFSS FSHTex 17 wks 1970, and Med Spec Proficiency Trng 91B2P 12 wks 1971. These items are included on 2 separate DD Form 214 and several DD Form 215s.

5. The records show that the applicant sustained 2nd and 3rd degree white phosphorous burns while on a mission against the enemy in Vietnam and in accordance with the guidance contained in Army Regulation 600-8-22, para 2-8 b(6)(b), dated 25 February 1995, Individuals wounded or killed as a result of “friendly fire” in the “heat of battle” will be awarded the Purple Heart as long as the “friendly” projectile or agent was released for the full intent of inflicting damage or destroying enemy troops or equipment.

CONCLUSIONS:

1. Based on the applicant sustaining 2nd and 3rd degree white phosphorous burns while on a mission against the enemy in Vietnam and in accordance with the guidance contained in Army Regulation 600-8-22, para 2-8 b(6)(b), dated
25 February 1995, Individuals wounded or killed as a result of “friendly fire”, under today’s standards, he should be entitled to award of the Purple Heart.

2. Although applicant did not request a new DD Form 214, due to the number of DD Form 215s, a new DD Form 214 should be issued to include all medals and schools.

3. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual’s two DD Form 214s and all DD Form 215s be combined and a new DD Form 214 be issued to include addition of the Purple Heart.

 BOARD VOTE :

GRANT AS STATED IN RECOMMENDATION

 GRANT FORMAL HEARING

 DENY APPLICATION




                           
                           CHAIRPERSON

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