| Mr. Carl W. S. Chun | Director | |
| Mr. Joseph A. Adriance | Analyst |
| Ms. Jennifer L. Prater | Chairperson | ||
| Mr. Arthur A. Omartian | Member | ||
| Ms. Margaret K. Patterson | Member |
APPLICANT REQUESTS: In effect, that he be awarded the Purple Heart (PH).
APPLICANT STATES: In effect, that he is eligible to receive the PH for injuries he sustained in action on 24 August 1965, while serving in the Republic of Vietnam (RVN). He states that the governing regulation provides for awarding the PH for wounds or injuries sustained while in action against a hostile enemy force during wartime, which require treatment by a medical officer or hospitalization. In his enclosed supporting statement, the applicant provides a summary of the aircraft accident in which he sustained the injuries that he now believes entitles him to receive the PH.
EVIDENCE OF RECORD: The applicant's military records show:
On 31 May 1984, he was released from active duty (REFRAD) for the purpose of retirement. At the time of his REFRAD, he had completed a total of 27 years,
2 months, and 3 days of active military service, and he held the rank and pay grade of chief warrant officer four/W-4 (CW4/W-4).
The applicant’s record confirms that he completed two tours in the RVN. The first from 26 September 1964 through 17 September 1965, and the second from 16 December 1967 through 27 November 1968. The applicant’s Military Personnel Records Jacket (MPRJ) contains no documents or orders that indicate that he was ever recommended for or awarded the PH.
The applicant provides a copy of a Clinical Record Narrative Summary (SF 502), dated 26 September 1965, completed at Walter Reed General Hospital (WRGH). This document confirms that on 24 August 1965, the applicant was piloting a helicopter when the engine failed, and the aircraft crashed into the trees. It also states that immediately after the accident, he noticed back pain. He was evacuated to the 8th Field Hospital, RVN, where x-rays revealed that he had suffered a compression fracture . He was then medically evacuated out of the RVN, and ultimately arrived at WRGH for treatment. This treatment record gives no indication that the aircraft accident was the result of enemy action.
During the processing of this case, a review of the historical records of the applicant’s unit, which are maintained at the National Archives, was conducted. This search failed to show that the applicant was entitled to the PH. It did produce a copy of the Staff Duty Journal for the Military Assistance Command Vietnam (MACV), dated 24 August 1965. This journal contained an entry showing that a helicopter went down as a result of engine failure on that date. However, the journal entry did not list this accident as combat related. In addition, the applicant’s name is not included in the list of casualties contained in the Department of the Army (DA) Vietnam Casualty Roster.
Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards policy. Paragraph 2-8 contains guidance on awarding the Purple Heart. It states, in pertinent part, that the PH is authorized to members who are wounded in action. A wound is defined as an injury to any part of the body from an outside force or agent sustained in action. The wound for which a PH is being awarded must have required treatment by a medical officer, and the records of medical treatment for the wound or injury for which the PH is being awarded must have been made a matter of official record.
Paragraph 2-8b(5) provides examples of injuries or wounds which clearly do not qualify for award of the Purple Heart. One example listed is “accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action.”
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 notes the applicant’s contention that he was wounded in action in the RVN and is therefore entitled to the PH. However, it finds insufficient evidence to support this claim. By regulation, an injury received as a result of an aircraft accident not related to or caused by enemy action does not qualify for award of the PH.
2. In this case, notwithstanding the medical treatment record provided by the applicant and the record confirmation that he was injured in an aircraft accident while serving in the RVN, there are no other official records to confirm that this accident was related to or caused by enemy action.
3. The applicant is advised that the veracity of his claim that he was involved in aircraft accident is not in question. However, based on the lack of evidence to show that the aircraft accident was related to or caused by enemy action, the Board must deny the requested relief. This action is taken solely on the lack of supporting evidence in the interest of all those who served in the RVN and who faced similar circumstances.
4. 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.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__JLP__ __ AAO _ __ MKP __ DENY APPLICATION
| CASE ID | AR2002080747 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2003/03/18 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 1984/05/31 |
| DISCHARGE AUTHORITY | AR 635-100 |
| DISCHARGE REASON | Retirement |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 61 | 107.0015 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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