MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 20 May 2003
         DOCKET NUMBER: AR2002078717

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mrs. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Mr. Melvin H. Meyer		Chairperson
Ms. Deborah S. Jacobs		Member
Mr. Jose A. Martinez		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

---

APPLICANT REQUESTS: That he be awarded the Purple Heart.

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. While in the combat zone, his helicopter (a UH-1H, serial number 69-15369) received enemy fire. His helicopter began to burn and an emergency "no power autoration" was initiated. All crew and passengers survived the crash but his back was injured as a direct result. His aircraft was totally destroyed by the fire. His unit was extremely short of aircraft commanders. After being extracted, he returned to base, obtained a replacement crew and aircraft, and returned to the area of operation. He feared being grounded as a consequence of the injury so he delayed medical treatment except for a brief visit with evacuation hospital medical personnel. Unfortunately, his back never got better and he continues to have back pain. The Department of Veterans Affairs (VA) awarded him a 10 percent disability rating for his back condition in 1977. Supporting evidence is as listed on the attachment to his DD Form 149.

One of the documents provided by the applicant in support of his application was information taken from an Internet website concerning "Helicopter or incident 69-15379." This document indicated the cited helicopter was shot down after completing a first light mission on 24 March 1971. The burning aircraft was successfully autorotated. Its crewmembers included the applicant as the aircraft commander. The helicopter was a loss to the inventory. In an estimate of the helicopter's history, the document indicated the aircraft belonged to F Troop, 8th Cavalry in January and February 1971 and to the 604th Transportation Company in March 1971.

EVIDENCE OF RECORD: The applicant's military records show:

After having had prior enlisted service, he was commissioned a second lieutenant and entered active duty on 12 September 1967.

The applicant arrived in Vietnam and was assigned to F Troop, 8th Cavalry, 23d Infantry Division on or about 12 October 1970 as a rotary wing aviator.

An Officer Evaluation Report for the period 25 August 1970 to 13 April 1971 contains the comments, "He became an accomplished aircraft commander who calmly dealt with three emergencies caused by enemy anti-aircraft weapons. His courage and proficiency saved his crew and passengers when he successfully autorotated a burning aircraft during operation Lam Son 719."

The 123d Aviation Battalion Operations' DA Form 1594 (Daily Staff Journal or Duty Officer's Log) for 24 April 1971 was obtained from the National Archives in College Park, Maryland. This log contains an entry for 2:25 p.m., "F/8 off for 15. Pelican 20 took fire at 5305." There is no further indication in this 9-page log that a helicopter went down and burned.

On 27 September 1971, the applicant departed Vietnam after receiving
participation credit for two campaigns.

A Standard Form 600 (Chronological Record of Medical Care) shows the applicant was treated on 28 March 1972 at Fort Sill, Oklahoma for neck and back trouble that he had off and on during the past one and one-half years.

On 23 April 1972, the applicant was released from active duty. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, the Army Aviator's Badge, the Vietnam Service Medal, the Air Medal 1st through 36th awards and with "V" device, the Army Commendation Medal with "V" device and 1st oak leaf cluster, the Distinguished Flying Cross, the Bronze Star Medal, and two overseas bars.

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 aircraft caught fire and emergency procedures were initiated. A crash resulted, causing his back and neck to be injured. In item 9, he stated that, upon being evacuated from the crash site, he was de-briefed and assigned another aircraft. In item 4B, he stated that he was treated and released and later treated in March 1972.

Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action. It is not intended that such a strict interpretation of the requirement for the wound or injury to be caused by direct result of hostile action be taken that it would preclude the award being made to deserving personnel. It gives as examples an individual injured as a result of a vehicle accident caused by enemy fire or individuals wounded or killed as a result of “friendly fire.” Paragraph 2-8b(2) states that a wound is defined as an injury to any part of the body from an outside force or agent. A physical lesion is not required, however, the wound for which the award is made must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.

Army Regulation 600-8-22 provides for the wear of one bronze service star on the appropriate service medal for each credited campaign participation.

Army Regulation 600-8-22 provides for award of the Republic of Vietnam Campaign Medal with device 1960 to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more.

Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that, at the time of the applicant's assignment to F Troop, 8th Cavalry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 42, dated 1972.

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 noted that the applicant provided conflicting statements concerning the date he contends he was injured. In his application, he stated he was wounded on 24 April 1971. The 123d Aviation Battalion Operations' staff duty log for this date contains an entry that appears to indicate an aircraft was shot at but not that any aircraft crashed and burned.

2. The supporting evidence the applicant provided indicated he was injured on 24 March 1971. He also provided a document taken from the Internet which indicated his helicopter was shot down after completing a first light mission on 24 March 1971 and that the burning aircraft was successfully autorotated. The document did not mention that the applicant was injured during this incident.

3. The Board also notes that Internet document stated the helicopter was a loss to the inventory, which would appear to confirm the applicant's statement that his aircraft was totally destroyed by the fire. However, this document also stated (admittedly, only as an estimate of the aircraft's history) that the aircraft belonged to F Troop, 8th Cavalry in January and February 1971 and to the 604th Transportation Company in March 1971. The applicant provided no evidence to reconcile how the aircraft could have been a total loss after he crashed it while with F Troop, 8th Cavalry but it was afterwards operated by the 604th Transportation Company.

4. The Board notes that the applicant stated he briefly visited evacuation hospital medical personnel for treatment but there is no evidence of this visit. The Board notes that the Standard Form 600 provided by the applicant indicated he was treated on 28 March 1972 for neck and back trouble that he had off and on for the past one and one-half years. That was more than 6 months prior to the March or April 1971 incident in which the applicant contends he injured his back. The applicant provided no evidence to reconcile this discrepancy.

5. The Board notes that the VA Form 21-4176 provided by the applicant only mentioned that his aircraft caught fire, not that enemy fire caused the aircraft to catch fire.

6. The Board concludes that there is insufficient evidence to show the applicant was injured as a result of hostile action and therefore insufficient evidence to show that entitlement to award of the Purple Heart is warranted.

7. The Board notes that the applicant's DD Form 214 does not list the Republic of Vietnam Campaign Medal with Device 1960 or the Republic of Vietnam Gallantry Cross with Palm Unit Citation and does not show that he is authorized to wear two bronze service stars on the Vietnam Service Medal. His DD Form 214 should be administratively amended to reflect these awards/appurtenances.

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: The Board requests that the Army Review Boards Agency Support Division – St. Louis amend the applicant’s DD Form 214 by adding the Republic of Vietnam Campaign Medal with Device 1960 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to show he is authorized to wear two bronze service stars with the Vietnam Service Medal.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

_mhm____ _dsj_ _jam __ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

---

INDEX

CASE ID	AR2002078717
SUFFIX
RECON
DATE BOARDED	20030520
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY	Mr. Chun
ISSUES 1.	107.0015
2.
3.
4.
5.
6.