BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100024270 


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 of his earlier request for two additional awards of the Purple Heart.

2.  The applicant states he now provides a listing of the names of Soldiers who lost their lives in a helicopter crash or in a fire fight after the crash.  He was hospitalized in 1967 for at least 2 weeks in a field hospital.  After his hospitalization, he ended up at Landing Zone (LZ) English.

3.  The applicant provides a listing of Soldiers.

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 AR20080009864 on 9 September 2008 and AR20090009156, on 10 December 2009.

2.  The applicant has provided a listing of Soldiers who were killed in a crash which was not previously reviewed by the ABCMR.  This list is considered new evidence and as such warrants consideration by the Board.

3.  His records show he was inducted into the Army of the United States on 18 August 1966 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 25 January 1967 through 22 December 1967 while assigned to Company A, 1st Battalion, 8th Cavalry Regiment.  
4.  He was retired from active duty by reason of temporary disability and he was placed on the Temporary Disability Retired List on 30 July 1968.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the:

* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal with 1 bronze service star
* Republic of Vietnam Campaign Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* One overseas service bar

5.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned to Company A, 1st Battalion, 8th Cavalry Regiment, from 1 February 1967 through 24 December 1967.  This item also shows that, on 25 December 1967, he was reassigned as a patient to the Medical Hold Company, Fitzsimons General Hospital, Denver, Colorado.  

6.  His service records contain a copy of Headquarters, U.S. Army Vietnam, Casualty Report message, dated 8 December 1967, that shows he received a metal fragment wound to his right arm and gunshot wound to his right thigh while on a search and destroy operation in the vicinity of Binh Dinh when engaged by a hostile force in a firefight at 1445 hours on 7 December 1967.  He was treated at the 67th Evacuation Hospital and he was being held for further treatment.

7.  General Orders Number 189, issued by Headquarters, 85th Evacuation Hospital, on 10 December 1967 awarded him the Purple Heart (1st Award) for wounds received in action in Vietnam on 7 December 1967.

8.  General Orders, Number 670, issued by Headquarters, 1st Cavalry Division on 1 February 1968 awarded him the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in Vietnam on 7 December 1967.  The orders cited the following reason:

[Applicant] distinguished himself by exceptionally valorous action on 7 December 1967 while serving as a rifleman with Company A, 1st Battalion (Airborne), 8th Cavalry, during a combat mission near Dai Dong, Vietnam.  During a fire fight with a hostile force, [Applicant] was wounded, but refused to be evacuated and returned to the contact area after receiving first aid.  Continually exposing himself to the enemy fire, he placed effective fire against the hostile positions.  At this time [Applicant] was wounded for a second time and was evacuated to the medical aid station. 

9.  There are no orders or other evidence in the applicant’s military service records showing he was wounded on any date other than 7 December 1967.  Additionally, his name is listed on the Vietnam casualty roster as having been wounded in action in Vietnam on 7 December 1967.  No other dates or wounds are listed.

10.  A search of the U.S. Army Human Resources Command, Awards and Decorations Computer Assisted Retrieval System for the Vietnam Conflict failed to produce any other award orders pertaining to the applicant during his service in Vietnam.

11.  His records contain a Standard Form 88 (Report of Medical Examination), dated 20 April 1968 completed for the purpose of his medical/physical evaluation boards.  The Clinical Evaluation section, item 35 (Upper Extremities), item 36 (Feet), item 37 (Lower Extremities), and item 41 (Neurologic) show than an "X" was placed in the "Abnormal" column for each of these items and that the "Notes" section, in pertinent part, contains the entries, "35.  Fragment wound, right arm; 36. - 37. Wound of right thigh with sciatic nerve injury; 41. See 36, 37."

12.  His records also contain a DA Form 199 (Medical Board Proceedings), dated 30 April 1968, with enclosures, that documents his military and medical histories and, in particular, his wounds sustained on 7 December 1967 in Vietnam.  No other injuries/wounds are mentioned.

13.  On 9 September 2008, the Board granted him partial relief after the analysis supported two awards of the Purple Heart.  Accordingly, he was issued a 
DD Form 215 (Correction to DD Form 214) that added the:

* Purple Heart (2nd Award)
* Bronze Star Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar

14.  A letter, dated 9 October 2008, from the National Archives and Records Administration addressed to a Veterans Service Office representative on behalf of the applicant states the Coffelt database listing names of servicemen killed in Vietnam was consulted and there was one incident involving the 1st Battalion, 8th Cavalry in which multiple servicemen fell.  The incident occurred on 26 May 1967 and the cause of death was listed as an air loss.  The representative was also informed that other references were searched to include:

	a.  records of the U.S. Forces in Southeast Asia 1950-1975 (Record Group 472);

	b.  G-1 daily journals of the 1st Cavalry Division which listed names on the casualty list and noted "C/227th Avn UH-ID 65-10089 (C Company, 227th Aviation, Utility Helicopter, Identification Number 65-10089), located 5 miles east of Bong Son, on 26 May 1967, at 06:57 hours, A/C (aircraft) landed in pinnacle LZ, dropped off troops, on lift out skids caught in cargo net.  A/C yawed to right then left, then hit ground.  A/C rolled on left side and burned.  Total loss"; and

	c.  Aviation Accident Reports were searched, but there were gaps in the series.  All of 1967 was unavailable.

15.  On 10 December 2009, the Board denied his request by reason of insufficient evidence to substantiate additional wounds as a result of hostile action in Vietnam.  

16.  He now submits a listing of Soldiers he claims were killed in the helicopter crash on 26 May 1967 or in a fire fight after the crash.

17.  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 medical personnel, and the medical treatment must have been made a matter of official record.  This regulation states that when contemplating award of the Purple Heart, the key issue that commanders must take into consideration is the degree in which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not the sole justification for award.  It further states that injuries or wounds which clearly do not justify award of the Purple Heart include accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action.  A bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

18.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders.  It directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.

19.  DD Form 173 (Joint Message Form), dated 20 June 1968 from the Chief, Casualty Division, Washington DC to the commanding general of U.S. Army Vietnam.  This message provided additional guidance in the determination of hostile action casualties in addition to that provided in Army Regulation 600-10 (The Army Casualty System).  Paragraph 3 of this DD Form 173 stated, "The rule that has been applied in helicopter or aircraft accidents is that the cause of the accident must be directly attributable to action by the enemy rather than merely the presence of the enemy."  The message goes on to state that enemy fire on the aircraft must have caused or directly contributed to the accident.  The fact that an aircraft is on or returning from a combat mission when an accident occurs is not sufficient, standing alone, to classify as hostile, casualties resulting from such accident

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded two additional awards of the Purple Heart.  

2.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

3.  The evidence of record shows the applicant was wounded twice on 7 December 1967 in Vietnam when he received a metal fragment wound to his right arm and a gunshot wound to his right thigh during combat operations.  He was awarded two awards of the Purple Heart.  

4.  He contends he was wounded a third time in January 1967; however, his service record is void of any documentary evidence that shows he was wounded or injured and/or orders that show he was awarded the Purple Heart; his name is not shown on the Vietnam casualty roster; his DA Form 20 does not indicate any combat wounds on that date; and his medical records do not show he was wounded in January 1967.  

5.  He also contends he was wounded in May 1967 when a helicopter was shot down and he was hospitalized for at least 2 weeks in a field hospital.  He provided a listing of Soldiers killed in action on 26 May 1967.  However, this list does not conclusively show the helicopter crash resulted from enemy action.  
6.  Guidance provided at the time distinguished between accidents classified as non-hostile or hostile.  This guidance specifically states that the fact that an aircraft is on or returning from a combat mission when an accident occurs is not sufficient, standing alone, to classify as hostile, casualties resulting from such accident.  In any case, there is no evidence in his records and he did not submit sufficient evidence to show he was involved in that accident/crash.  

7.  Notwithstanding his sincerity, in the absence of official documentary evidence such as operation orders, morning reports, after action reports, official orders to corroborate the events that led to his alleged injury in January 1967 and May 1967 or additional documentation that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to award him a third or fourth award of the Purple Heart 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 AR20080009864, dated 9 September 2008 and AR20090009156, dated 10 December 2009.



      _______ _   x_______   ___
               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)                                         AR20100024270



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ABCMR Record of Proceedings (cont)                                         AR20100024270



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