IN THE CASE OF:	  

		BOARD DATE:	  5 October 2010

		DOCKET NUMBER:  AR20100021719 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration for award of the Purple Heart (PH), Air Medal (AM) with “V” [Valor] Device and Bronze Star Medal (BSM) with “V” Device.  

2.  The applicant states that through the years each and every time he has been refused these decorations, he has provided additional supporting evidence for them.  He is asking someone to take this puzzle and connect the dots.  He states if the dots are connected, he is confident these decorations will be approved.

3.  The applicant provides a self-authored letter, a DA Form 1594 (Daily Staff Journal or Duty Officer’s Log) for the 164th Combat Aviation Group for 
23 February 1970, and the 20 enclosures listed in the "new evidence" table of contents.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous considerations of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AC-98-10311 on
14 October 1998 and AR1999022706 on 17 March 1999.

2.  During its last review of the case, the Board found no evidence of record or independent evidence submitted by the applicant confirming he was ever recommended for or awarded the AM with “V” Device and/or the BSM with “V” Device; or that he was wounded in action and/or awarded the PH by proper authority while serving on active duty.

3.  During its 1999 review, the Board did confirm the applicant was awarded the Army Commendation Medal for his service in the Republic of Vietnam (RVN) and that he was eligible for the RVN Gallantry Cross with Palm Unit Citation and recommended his DD Form 214 be corrected accordingly.

4.  The applicant’s record shows he was commissioned a second lieutenant in the U.S. Army Reserve (USAR) and he entered active duty in that status on
20 August 1968.

5.  The record further shows the applicant served in the RVN from 2 November 1969 through 3 April 1970, at which time he was medically evacuated as a result of suffering from varicose veins.  The applicant’s Official Military Personnel File (OMPF) is void of medical treatment records or other documents that show he was ever wounded as a result of enemy action in the RVN or that he was awarded the PH by proper authority.  The OMPF is also void of any orders or documents that indicate he was ever recommended for or awarded the AM with “V” Device and/or BSM with “V” Device while serving on active duty.

6.  On 25 May 1970, the applicant was honorably released from active duty, in the rank of first lieutenant.  The DD Form 214 he was issued at the time did not include the PH, AM with "V" Device, or the BSM with "V" Device.

7.  The applicant’s primary piece of new evidence is a unit DA Form 1594 for 
23 February 1970.  It contains an entry for 1930 hours indicating a unit aircraft was down and that the co-pilot was killed in action (KIA) and one other member was wounded in action (WIA).  Neither the KIA or WIA were identified by name.  It also contained an entry for 2355 hours indicating an aircraft was being deployed to secure the downed aircraft.

8.  The applicant also provides a self-prepared recommended draft Record of Proceedings (ROP) for the ABCMR in which he indicates the Board's conclusion should be that he has provided sufficient documentation to substantiate his injuries due to enemy action resulting from two helicopter crashes and his medical records reflect he was examined by the Commanding General (CG) of Tripler Army Medical Center, Hawaii, which resulted in his medical evacuation from the RVN.  It also indicates the Board should finally recommend the record be corrected to show he is due the PH, BSM with “V” Device and AM with “V” Device.

9.  During the processing of this case, a member of the Board staff reviewed the applicant's awards processing file at the U.S. Army Human Resources Command (HRC).  This file shows the applicant's case has been considered by the HRC Military Awards Branch on at least nine separate occasions.

10.  Army Regulation 600-8-22 (Military Awards) provides the Army’s awards policy.  Chapter 1 contains processing requirements and states all individual awards and decorations must be recommended, approved by the proper awards authority, and announced in official orders.  

11.  Paragraph 2-8 of the awards regulation contains guidance on award of the PH.  While clearly an individual decoration, the Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather he or she is entitled to it upon meeting specific criteria.  It further states that 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 it required medical treatment by medical personnel, and a record of this treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for reconsideration has been carefully considered.  However, there remains insufficient evidence to support granting the requested relief.

2.  The evidence of record and independent evidence submitted by the applicant fails to show he was ever recommended for or awarded the AM with "V" Device or the BSM with "V" Device while serving in the RVN.  It is also void of any medical treatment records indicating he was ever wounded in action during any of the two helicopter crashes he refers to or at any other time while serving in the RVN.

3.  Notwithstanding the letter he has since provided by his former unit commander in the RVN, absent any evidence confirming the regulatory criteria necessary to support these awards was satisfied there remains an insufficient evidentiary basis to support their award at this late date.

4.  Although the applicant contends he was medically evacuated from the RVN due to injuries he suffered in his second helicopter crash, the record confirms he was medically evacuated from the RVN due to varicose veins.

5.  There is no evidence of record or independent evidence provided by the applicant confirming his medical evacuation was the result of wounds he received as a result of enemy action.  In addition, there is no indication that either the appropriate theater commander or hospital commander, either who had the authority to award the PH at the time, did so in the applicant’s case.

6.  Based on the evidence of record, it is reasonable to presume that had the applicant’s medical evacuation been the result of wounds received as a result of enemy action, one of these responsible commanders would have awarded the PH at the time.  Therefore, absent any evidence corroborating the applicant's claim he was wounded in action, the regulatory burden of proof necessary to support award of the PH still has not been satisfied in this case.

7.  Absent any evidence of record or independent evidence submitted by the applicant confirming he was ever recommended for or awarded any of the awards in question by proper authority while serving on active duty, or that he meets the established regulatory criteria for these awards, it would not be appropriate or serve the interest of all those who served in the RVN and who faced similar circumstances to grant the requested relief in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X   _  ____X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 AR1999022706, dated 17 March 1999.



      ________XXX__________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100021719



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ABCMR Record of Proceedings (cont)                                         AR20100021719



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