BOARD DATE:	  6 December 2011

		DOCKET NUMBER:  AR20110009689 


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, in effect, award of the Purple Heart and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.

2.  The applicant states, in effect:

* he earned the Purple Heart on 11 June 1967
* the 106th U.S. Air Force General Hospital failed to award the Purple Heart in June - July 1967

3.  The applicant provides:

* his DD Form 214 for the period ending 30 July 1968
* his Silver Star Certificate, dated 8 September 1967
* General Orders Number 550, dated 5 September 1967, awarding him the Silver Star
* item 18 (Record of Assignments) of his DA Form 66 (Officer Qualification Record)
* a Standard Form (SF) 502 (Clinical Record – Narrative Summary), dated 16 June 1967
* a DA Form 8-275-3 (Clinical Record Cover Sheet)
* an SF 509 (Clinical Record – Doctor's Progress Notes), dated 13 June 1967


* an SF 505 (Clinical Record – History), dated 13 June 1967
* an After Action Report (AAR), for Operations Malheur I and Malheur II, dated 28 July 1967
* a sector of a map labeled "Short Round Hill and LZs, 6/10/67 & 6/11/67"
* a DA Form 1594 (Staff Journal or Duty Officer's Log), dated 11 June 1967
* a letter of support from a former S-3 of the 2nd Battalion, 502nd Parachute Infantry Regiment (PIR)
* a letter of support from a former platoon leader of 1st Platoon,
Company B, of the same unit
* a letter of support from a former artillery observer attached to Company B, of the same unit
* a letter of support from a former commander of Company B, of the same unit
* an email, dated 14 October 2010

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel, in effect, requests, states, and provides the same evidence as the applicant.

CONSIDERATION OF EVIDENCE:

1.  The applicant was a captain in the Medical Corps.  In 1967, he was serving as Battalion Surgeon of the 2nd Battalion, 502nd PIR in the Republic of Vietnam (RVN).

2.  On 11 June 1967, his unit was engaged with enemy forces and suffering casualties.  There was no helicopter landing zone available to receive medical evacuation support, so the applicant voluntarily rappelled down an 80-foot rope to the ground in order to tend to the wounded and dying.  During his rappel, he was without gloves or a snap link and he suffered rope burns to both hands.

3.  The applicant was later himself medically evacuated to the 106th General Hospital, Yokohama, Japan for treatment.  There is no record he received the Purple Heart while undergoing medical treatment.

4.  The following areas were reviewed in an attempt to validate award of the Purple Heart:

* there are no orders awarding the Purple Heart in the applicant's military personnel file


* review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant
* there is no Purple Heart award listed in item 21 (Awards and Decorations) of his DA Form 66
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not list the Purple Heart among his authorized awards
* medical records confirm his treatment for rope burns to his hands caused by rappelling from a helicopter without proper equipment

5.  The letters of support provided by the applicant all attest to his bravery and selfless service.  They recount the events of 11 June 1967 and lobby for award of the Purple Heart to the applicant.  They confirm the applicant suffered rope burns while rappelling from a helicopter, and some state he fell, uninjured, about 15 feet.

6.  On 27 July 2010, the Awards and Decorations Branch, U.S. Army Human Resources Command (USAHRC), Fort Knox, KY, responded to the applicant's request for award of the Purple Heart for his service in the RVN.  The USAHRC representative stated his hands sustained severe rope burns while rappelling out of a helicopter on 11 June 1967; therefore, it was determined that his injuries were not the result of enemy action.  The USAHRC representative further stated that injuries accidently incurred in a combat zone do not entitle an individual to an award of the Purple Heart.  The applicant was advised of his right to appeal to this Board should he feel their decision is unfair or unjust.

7.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

8.  During Vietnam, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the Purple Heart should be included as an entitlement in his military records.

2.  The applicant rappelled into a dangerous location in order to render aid to wounded and dying PIR troopers.  In so doing, he suffered rope burns to both his hands.  He was treated for these burns at the 106th General Hospital in Japan, but he was not awarded a Purple Heart.

3.  The applicant requested the Purple Heart from the Awards and Decorations Branch, USAHRC.  Although the rope burns to his hands occurred in a combat zone, his injuries were not the result of enemy action.  As such, his request for the Purple Heart was not favorably considered by USAHRC.

4.  The applicant has not provided any evidence to support award of the Purple Heart in accordance with the applicable criteria.  As a result, there is no basis for granting the applicant's requested relief.

5.  The applicant and all others concerned should know that this action in no way diminishes his heroism or the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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 for correction of the records of the individual concerned.



      _________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)                                         AR20110009689



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ABCMR Record of Proceedings (cont)                                         AR20110009689



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