RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 October 2007
      DOCKET NUMBER:  AR20070005998


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Susan A. Powers               |     |Chairperson          |
|     |Mr. Edward E. Montgomery          |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his earlier request for award
of the Purple Heart for wounds received on 21 September 1967.

2.  The applicant states he suffered serious injuries while piloting a
helicopter.  The injuries were sustained as the result of enemy ground
sabotage or possible enemy ground fire.  Four crewmembers on board suffered
varying degrees of injury.  He sustained the most injuries – a compression
of the spine, deformed vertebrae, a broken right index finger, a damaged
left knee, facial lacerations, a chipped bone through the left eyebrow, and
a fractured skull.  There may have been other internal injuries that went
undiagnosed, because he bled profusely from the ears, nose, and mouth.  He
was knocked unconscious and initially presumed dead.  Fortunately, the next
morning they were rescued by a helicopter that was searching for them.
Later, the helicopter wreckage was recovered by the Army.

3.  The applicant states that, with the other crewmembers, he was flown to
the Evacuation Hospital at Pleiku.  His immediate medical attention
consisted of cleaning and suturing his wounds.  He was then released to his
unit and told to seek further medical treatment as needed.  He was provided
little follow-on care with the exception of suture removal and a cursory
review.  Given the severity of the head injury, he should have been
grounded for a longer period of time for extensive follow-on care.

4.  The applicant provides an affidavit, dated 8 November 1991 and his DD
Form 214 (Armed Forces of the United States Report of Transfer or
Discharge) for the period ending 15 January 1970.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number AC85-
09963 on         5 August 1987.

2.  The affidavit, dated 8 November 1991, is new evidence that will be
considered by the Board.

3.  After having had prior enlisted service, the applicant was appointed a
Warrant Officer One and entered active duty on 9 May 1967 as a helicopter
pilot.  He arrived in Vietnam and was assigned to the 189th Aviation
Company on or about 19 June 1967.  He departed Vietnam on or about 12 June
1968 after being credited with participation in three campaigns.

4.  The applicant’s name is not listed on the Vietnam Casualty Roster.

5.  Headquarters, 1st Aviation Brigade General Orders Number 4557, dated
  12 July 1968, awarded the applicant the Bronze Star Medal.

6.  Headquarters, U. S. Army, Vietnam, letter, dated 15 July 1968,
authorized the applicant to accept and wear the Republic of Vietnam
Gallantry Cross with Silver Star presented to him by the Republic of
Vietnam.

7.  Headquarters, 1st Aviation Brigade General Orders Number 7161, dated
   19 October 1968, awarded the applicant the Army Commendation Medal with
“V” device.

8.  On 12 January 1970, the applicant completed a separation physical.  In
item 33 (Have you ever had any illness or injury other than those already
noted), the applicant checked “no.”  Item 39 (Physician’s summary and
elaboration of all pertinent data) indicated only that the applicant had a
fractured colle (bone in the lower arm/wrist area) at age 6.

9.  On 15 January 1970, the applicant was released from active duty.  His
DD Form 214 for the period ending 15 January 1970 shows he was awarded the
Marksman Marksmanship Qualification Badge (.45 caliber pistol), the Vietnam
Service Medal, the Republic of Vietnam Campaign Medal with device 1960, the
Air Medal with 30 oak leaf clusters and “V” device, the Distinguished
Flying Cross, the Army Aviator Badge, two overseas bars, and the National
Defense Service Medal.

10.  The applicant provided an affidavit from the machine gunner who was
flying with the applicant on 21 September 1967.  He stated the helicopter
went out of control due to enemy ground fire or as a result of ground
sabotage sustained while they were shut down at a classified Special Forces
indigenous camp.  He stated he received the Purple Heart for injuries he
sustained in the crash.  He also received the Soldier’s Medal for his
actions in assisting his crewmembers through the ordeal.

11.  In the previous consideration of the applicant’s case, information was
received that records at the U. S. Safety Center at Fort Rucker, AL
revealed that the investigating officer of the crash in question determined
the crash was an accident and not the result of enemy sabotage.

12.  Army Regulation 600-8-22 (Military Awards) states 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 by a
medical officer, and the medical treatment must have been made a matter of
official record.

13.  Army Regulation 600-8-22 states the Soldier's Medal is awarded for
distinguished heroism not involving actual conflict with the enemy.  The
performance must have involved personal hazard or danger and the voluntary
risk of life under conditions not involving conflict with an armed enemy.

14.  Army Regulation 600-8-22 authorizes award of a bronze service star,
based on qualifying service, for each campaign listed in Appendix B of this
regulation.  Authorized bronze service stars will be worn on the
appropriate campaign or service medal, including the Vietnam Service Medal.

15.  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 the 189th Aviation Company, it was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
for the period 27 March 1967 through     17 May 1968 by Department of the
Army General Orders Number 46, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence of record shows that the helicopter crash in
which the applicant was injured on 21 September 1967 was investigated and
determined by safety officials to have been the result of an accident, not
the result of enemy action or sabotage.

2.  The machine gunner who was on that helicopter stated he was awarded the
Soldier’s Medal for his actions in assisting his crewmembers after that
crash.  The Soldier’s Medal is awarded for heroism not involving actual
conflict with the enemy.  This award would fit with the determination by
safety officials that the crash was the result of an accident.

3.  The fact that the machine gunner was erroneously awarded the Purple
Heart for injuries incurred as the result of an accident does not mandate
that the Army compound the mistake by also awarding the applicant the
Purple Heart.

4.  The Board wants the applicant to know that this action in no way
diminishes the sacrifices made by him in service to our Nation.  The
applicant and all Americans should be justifiably proud of his service in
arms.

5.  The evidence of record shows the applicant was awarded the Bronze Star
Medal and the Army Commendation Medal with “V” device after he departed
Vietnam.  He was awarded and authorized to accept and wear the Republic of
Vietnam Gallantry Cross with Silver Star after he departed Vietnam.  He was
assigned to a unit during a period of time that unit was awarded the
Republic of Vietnam Gallantry Cross with Palm Unit Citation.  He was
credited with participation in three campaigns and is authorized to wear
three bronze service stars on his Vietnam Service Medal.  These awards
should be added to his DD Form 214 for the period ending 15 January 1970.

6.  Evidence shows that the applicant’s records contain administrative
errors which do not require action by the Board.  Therefore, administrative
correction of the applicant’s records will be accomplished by the Case
Management Support Division (CMSD), St. Louis, Missouri, as outlined by the
Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section
below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__sap___  __eem___  __qas___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis to amend the decision of
the ABCMR set forth in Docket Number AC85-09963 dated 5 August 1987.

2.  The Board determined that administrative errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned by amending his DD Form 214 for the period ending 15
January 1970 to add the Bronze Star Medal, the Army Commendation Medal with
“V” device, the Republic
of Vietnam Gallantry Cross with Silver Star, and the Republic of Vietnam
Gallantry Cross with Palm Unit Citation and to show he is authorized to
wear three bronze service stars on his already-awarded Vietnam Service
Medal.




                                  __Susan A. Powers_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070005998                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20071004                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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