| Mr. Carl W. S. Chun | Director | |
| Mrs. Victoria A. Donaldson | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | |
| Mr. Melvin H Meyer | Member | |
| Ms. Regan K. Smith | Member |
APPLICANT REQUESTS: Award of the Purple Heart for wounds sustained during his service in Vietnam.
APPLICANT STATES: That he is entitled to award of the Purple Heart based on back injuries sustained during a helicopter crash. In support of his application, he submits a copy of a Department of Veterans Affairs rating decision, dated
2 November 2001.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the United States Army Reserve on 8 January 1969. He served as an enlisted soldier on active duty from 5 February 1969 to
25 January 1970.
The applicant was appointed as a warrant officer on 26 January 1970. He served as a UH-1 pilot in Vietnam from 27 April 1970 through 26 April 1971. The applicant was honorably separated from active duty on 5 June 1989 in the rank of Chief Warrant Officer Two.
The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated in his own hand, does not show award of the Purple Heart in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).
There are no orders in the applicant's service personnel records that support award of the Purple Heart to the applicant. There is also no evidence in his records which shows that he was wounded or treated for wounds as a result of hostile action. The applicant's name is not listed on the Vietnam Casualty Roster.
The Department of Veterans Affairs (DVA) rating decision provided by the applicant shows that he received service connected disability rated at seventy percent for the following conditions: left lower peripheral diabetic neuropathy (10 percent); chronic lower back strain (20 percent); degenerative joint disease for his left hip (10 percent); post traumatic stress disorder (30 percent); hearing loss (zero percent); and tinnitus left ear (10 percent).
The DVA rating decision indicates there were no service medical records available at the time of the DVA medical evaluation. This rating decision also states that the applicant was involved in a helicopter crash. However, it does not indicate that the helicopter crash occurred due to hostile action or that the applicant was treated for wounds as a result of hostile action.
The Board noted that the applicant was eligible for award of the National Defense Service Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation that are not shown on his discharge document. This omission will be administratively corrected.
Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for 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, and the medical treatment must have been made a matter of official record.
Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between
27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.
Department of the Army Pamphlet 672-3 lists the unit awards received by units serving in Vietnam. This document shows that, at the time of the applicant’s assignment to 7th Squadron of the 1st Cavalry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 52, dated 1971.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The Board considered the applicant's request for award of the Purple Heart and the documents submitted in support of his request.
2. There are no orders in the applicant’s personnel records which award him the Purple Heart.
3. There is no evidence in the applicant's service medical records which shows the applicant was wounded or treated for wounds as a result of hostile action during his service in Vietnam.
4. The applicant's DD Form 214, which he authenticated at the time of his separation from the Army, shows that he was not awarded the Purple Heart.
5. The Board noted the DVA rating decision to award service connection for back pain. However, DVA records show the history of the injury was provided by the applicant. There are no medical records to support the applicant’s account of the basis for his injuries. Based on these facts, the DVA rating decision is not sufficient, by itself, as a basis for award of the Purple Heart in this case.
6. Furthermore, in the absence of evidence that the applicant was wounded or treated for wounds as a result of hostile action, the Board determined that there is insufficient evidence upon which to base award of the Purple Heart in this case.
7. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy either requirement.
8. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
NOTE: Request that the Army Review Boards Agency (ARBA), Support Division, St. Louis, furnish the individual concerned a DD Form 215 (Correction to DD Form 214) to show in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) that he was awarded the National Defense Service Medal based on completion of a period of qualifying service and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__SAC _ __MHM__ __RKS__ DENY APPLICATION
| CASE ID | AR2002071906 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020801 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY w/note |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 107.0015.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2007 | 20070011326
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 January 2008 DOCKET NUMBER: AR20070011326 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Therefore, this evidence is insufficient to approve award of the Purple Heart and correct his records to show this award. The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.
ARMY | BCMR | CY2007 | 20070012381
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 January 2008 DOCKET NUMBER: AR20070012381 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. There are no orders in the applicant's available personnel records which show that he was awarded the Purple Heart. However, there is no evidence of record which shows that he sustained a wound in combat while...
ARMY | BCMR | CY2002 | 2002078717C070215
APPLICANT STATES : That on 24 April 1971 he was serving as an aircraft commander with F Troop, 8th Cavalry performing a "first light" combat mission during Operation Lam Son 719. On a VA Form 21-4176 (Report of Accidental Injury) dated 13 April 1977, the applicant indicated that he injured his back on 24 March 1971 while on a combat assault mission in aircraft Number 379. The Board also notes that Internet document stated the helicopter was a loss to the inventory, which would appear to...
ARMY | BCMR | CY2004 | 040008695C070208
There is no evidence, and the applicant has not provided any, which confirms that he was wounded as a result of hostile action while in Vietnam. The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 10 October 1967. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by showing that he is entitled to two bronze service stars on his Vietnam Service Medal, a Meritorious Unit...
ARMY | BCMR | CY2009 | 20090003775
There are no orders for the Purple Heart in the available records. This document shows the applicant's unit at the time of his assignment was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 48, dated 1971. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant's DD Form 214 to show the Distinguished Flying Cross with...
ARMY | BCMR | CY2010 | 20100016455
In awarding him the additional awards, HRC officials considered the request for award of the Purple Heart but determined there was insufficient evidence to show the helicopter crash and thus his injury was the result of enemy action. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders. The FSM's service record is void of any orders that show he was awarded the Purple Heart, his name is not shown...
ARMY | BCMR | CY2005 | 20050001613C070206
The applicant provides copies of: his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); Headquarters, 1st Aviation Brigade General Orders Number 6271, dated 3 December 1969, announcing award of the Bronze Star Medal for Heroism to the applicant for actions on 24 June 1969; and, a certificate awarding the Purple Heart to the applicant for wounds received in Vietnam on 2 December 1968. There are no orders, or other form of evidence, in the applicants records...
ARMY | BCMR | CY2005 | 20050001613C070206
The applicant provides copies of: his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); Headquarters, 1st Aviation Brigade General Orders Number 6271, dated 3 December 1969, announcing award of the Bronze Star Medal for Heroism to the applicant for actions on 24 June 1969; and, a certificate awarding the Purple Heart to the applicant for wounds received in Vietnam on 2 December 1968. There are no orders, or other form of evidence, in the applicant’s records...
ARMY | BCMR | CY2009 | 20090012793
His DA Form 20 (Enlisted Qualification Record) shows: a. he served in Vietnam from 5 January 1970 through 14 February 1971; b. on 18 January 1970, his second day in an operational assignment in Vietnam, he became a helicopter door gunner with A Troop, 2nd Squadron, 17th Calvary and he served in that capacity for his entire tour of duty; c. his awards are listed as the National Defense Service Medal, Vietnam Service Medal, Aircraft Crewman Badge, Republic of Vietnam Campaign Medal with Device...
ARMY | BCMR | CY2006 | 20060003538C070205
There are no medical records available which show the applicant was wounded or treated for wounds as a result of hostile action during his service in Vietnam. There is no reason to doubt the statements provided by the applicant’s former platoon leader, rifleman, and medic; however, without medical evidence verifying the applicant's wounding, there is an insufficient basis for award of the Purple Heart in this case. As a result, the Board determined that the overall merits of this case are...