| Mr. Carl W. S. Chun | Director | |
| Mr. Joseph A. Adriance | Analyst |
| Ms. Margaret K. Patterson | Chairperson | ||
| Mr. Ted S. Kanamine | Member | ||
| Mr. Lawrence Foster | Member |
APPLICANT REQUESTS: In effect, that he be awarded the Purple Heart (PH).
APPLICANT STATES: In effect, that he was injured in a helicopter accident on
2 December 1967, while serving as a door gunner in the Republic of Vietnam (RVN). He states that he was never awarded the PH for these injuries and now requests that it be retroactively awarded. In support of his application, he provides a copy of a Department of Veterans Affairs (VA) rating decision that clearly indicates they had the applicant’s military medical records for this period.
EVIDENCE OF RECORD: The applicant's military records show:
He initially entered active duty on 12 November 1965 and successfully completed basic training at Fort Leonard Wood, Missouri and advanced individual training (AIT) at Fort Eustis, Virginia. Upon completion of AIT, he was awarded military occupational specialty (MOS) 67U (Helicopter Mechanic).
The applicant served in the RVN from 8 March 1967 through 4 March 1968. During his tour in the RVN, he was assigned to the 602nd Tandem-Helicopter Detachment, from 8 March to 16 September 1967, and to the 187th Aviation Company, from 18 September 1967 to 4 March 1968. On 26 February 1968, while still in the RVN, he reenlisted for six years.
The applicant’s record contains no indication that he was ever wounded or injured as a direct result of enemy action during his tour in the RVN. His Military Personnel Records Jacket (MPRJ) is also void of any orders or other documents showing that he was ever wounded or injured in action, or that he was ever recommended for or awarded the PH.
On 10 February 1974, the applicant was honorably discharged after completing a total of 11 years and 21 days of active military service. After a break in service, he reenlisted on 3 December 1976, and he continuously served on active duty until being honorably released from active duty (REFRAD) for the purpose of retirement on 28 February 1986.
The separation document (DD Form 214) issued to the applicant on 28 February 1986 confirms that he earned the following awards during his active duty tenure: Army Service Ribbon; National Defense Service Ribbon; Vietnam Service Medal; Republic of Vietnam Campaign Medal with 60 Device; Overseas Service Bars (2); Senior Aircraft Crewman Badge; Air Medal; Army of Occupation Medal; Army Commendation Medal; Republic of Vietnam Gallantry Cross Unit Citation with Palm; Overseas Service Ribbon with Numeral 1; and Army Good Conduct Medal (6th Award). The PH is not included in this list of authorized awards, and the applicant authenticated the DD Form 214 with his signature, thereby verifying that the information contained therein was correct on the date it was prepared and issued.
The applicant provides a VA disability rating decision, dated 21 December 2002, which indicates that his military medical records were in the possession of the VA on that date. The VA rating decision indicates that a flight physical examination taken by the applicant on 10 May 1968 refers to an 8 day hospitalization in
Chu Chi, RVN, following a helicopter accident. However, there is no indication in this summary that the helicopter accident was the result of enemy action. The applicant failed to provide a copy of his military medical records with his application, and the records provided to the Board did not include his military medical record.
In connection with the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Vietnam Casualty Roster, which contains the names of those soldiers wounded or injured in action in the RVN. The applicant’s name was not included in this DA list of RVN casualties.
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. It also stipulates that 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. It also provides examples of injuries that do and do not qualify for award of the PH. Included in the list of those injuries that clearly do not qualify for award of the PH are 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 should be awarded the PH, but it finds insufficient evidence to support this claim. By regulation, injuries incurred as a result of an aircraft accident not related to or caused by enemy action clearly do not qualify for award of the PH.
2. While the applicant has provided evidence, in the form of a summary of his military medical record prepared by the VA, that verifies that he was hospitalized in the RVN for injuries he received in a helicopter accident, he failed to provide evidence to show this aircraft accident was the result of or caused by enemy action. Further, the evidence of record provides no indication that supports his claim of entitlement to the PH.
3. In view of the facts of this case, the Board finds the regulatory burden of proof required to support award of the PH has not been met. Therefore, it is compelled to deny the requested PH 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
___TK___ ___LF__ __MP___ DENY APPLICATION
| CASE ID | AR2003084980 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2003/05/13 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 1986/02/26 |
| DISCHARGE AUTHORITY | AR 635-200 |
| DISCHARGE REASON | Retirement |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 61 | 107.0015 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002080747C070215
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. The applicant requests correction of military records as stated in the application to the Board and as restated herein. 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...
ARMY | BCMR | CY2009 | 20090005231
Paragraph 2-10 of the awards regulation contains guidance on the NDSM and states, in pertinent part, that it is authorized for honorable active service for any period between 1 January 1961 and 14 August 1974. Therefore, it would be appropriate to accept the date provided by the applicant as the most accurate date, and to award him the PH for wounds received as a result of hostile action in the RVN in June 1967; and to add this award to his record and DD Form 214 at this time. As a result,...
ARMY | BCMR | CY2003 | 2003086165C070212
EVIDENCE OF RECORD : The applicant's military records show: The applicant’s Military Personnel Records Jacket (MPRJ) contains no orders or documents indicating that he was ever recommended for or awarded the PH while he was serving in the RVN. In the 17 August 1990 ARPERSCOM awards branch letter, the applicant was informed that a search of the records failed to produce evidence that he was wounded or injured as a direct result of hostile action.
ARMY | BCMR | CY2006 | 20060012855
During its original review of the applicant's case, the Board found no evidence of record that showed the applicant was wounded or injured as a result of enemy action or that he was ever recommended for or awarded the PH by proper authority while serving on active duty. By regulation, in order to support award of the PH, there must be evidence that the wound for which the award is being made was received as a result of or was caused by enemy action, that it required treatment by military...
ARMY | BCMR | CY2002 | 2002076514C070215
Department of the Army General Order Number 8, issued in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to United States Army Vietnam or Military Assistance Command Vietnam and its subordinate units from 8 February 1962 to 28 March 1973. Lacking any derogatory information on file in the applicant’s record or a specific disqualifying action from any of his active duty unit commanders, the Board concludes that he served...
ARMY | BCMR | CY2002 | 2002080860C070215
He received orders awarding him the GCMDL and is entitled to have that award reflected on his DD Form 214. He is entitled to have his DD Form 214 reflect this award with Numeral 4. That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) showing award of the AM with Numeral 4, the GCMDL, the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation...
ARMY | BCMR | CY2008 | 20080001949
The applicant provides the following documents in support of his application: Enlistment Record (DD Form 4); Enlisted Qualification Record (DA Form 20); promotion and award orders; Report of Medical Examination (SF 88), dated 20 September 1965; Report of Medical History (SF 89), dated 20 September 1965; Military Medical Record treatment records; and separation document (DD Form 214). Absent any evidence of record confirming the applicant was wounded in action or treated for a combat-related...
ARMY | BCMR | CY2011 | 20110022001
The applicant provides the following: * DD Form 214 (Report of Separation from Active Duty) * 2 letters of support * DA Form 759 (Individual Flight Record and Flight Certificate) * 4 pages of medical records * 2 pages of Clinical Records Cover Worksheet * DA Form 3647 (Clinical Record Cover Sheet) CONSIDERATION OF EVIDENCE: 1. He further states on 25 January 1971, the NIGHTHAWK was launched to assist a sniper team in the vicinity of one of their firebases and during the attempt it...
ARMY | BCMR | CY2002 | 2002066880C070402
It states, in pertinent part, that the PH is authorized to members who are wounded 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 9-27 contains guidance the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which was awarded by the Vietnamese government to all units that...
ARMY | BCMR | CY2009 | 20090000595
Application for correction of military records (with supporting documents provided, if any). In order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action; that the wound required treatment by medical personnel; and a record of this medical treatment must have been made a matter of official record and accidents not . Item 40 of the applicant's DA Form 20 is blank, which indicates he was never wounded in...