BOARD DATE:	   3 April 2012

		DOCKET NUMBER:  AR20110019828 


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:

* Correction of DA Form 2397 (Technical Report of U.S. Army Aircraft Accident) to show his correct rank, first name, and service number (SN)
* In effect, award of the Purple Heart

2.  The applicant states:

	a.  His rank, first name, and SN are incorrect on an accident report in which he is listed as a passenger.  While in Vietnam, he participated in the area of operation (AO) Grenadine.  After 6 or 7 days, he was informed he was being picked up and relocated to a hot spot within the AO.  The battalion morning report, dated 11 and 12 January 1969, stated his company resumed AO Grenadine at midnight following cleanup of the crash. 

	b.  He does not think it can be proven that this event was an accident or not.  He doesn't remember anything during or after the crash.  He is questioning why the Purple Heart was not awarded since this was a combat mission.

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge
* Three pages of DA Form 2397

* Seven pages of DA Form 1594 (Daily Staff Journal or Duty Officer's Log)
* Orders 

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show he was inducted into the Army of the United States on 7 September 1967 and he held military occupational specialty 11B (Light Weapons Infantryman).  His DD Form 47 (Record of Induction), dated, 7 September 1967, shows his first name as Leland and his SN as 54XXXXXX.

3.  His DA Form 20 (Enlisted Qualification Report) created when he entered active duty shows his first name as Leland and the first two digits of his SN as 54.  He was promoted to the rank/grade of sergeant (SGT)/E-5 on 7 May 1968.  

4.  He served in Vietnam from 6 August 1968 to 13 February 1969 while assigned to Company D, 2nd Battalion, 3rd Infantry Regiment.  

5.  On 12 January 1969, he was seriously injured when the helicopter he was on crashed as it attempted to land during a combat mission.  

6.  The aircraft accident report, dated 17 January 1969, stated, in pertinent part, that after conducting interviews with the aircraft commanders involved, it was the opinion of the investigator that the primary cause of the accident was the environmental factor of extremely dusty conditions in which the landing took place.  In addition, it was suspected that the aircraft commander of the helicopter the applicant was on moved his helicopter too far forward and into the rear of another helicopter.  No other significant human factors were found that contributed to the accident.

7.  Section G (Narrative of Accident) of the accident report listed the applicant as a passenger but incorrectly listed his rank as private first class (PFC), his first name as Leonard, and the first two digits of his SN as 58.

8.  He was admitted to the 24th Evacuation Hospital, Vietnam, on 12 January 1969.  He was subsequently medically evacuated and assigned to the U.S. Reynolds Army Hospital, Fort Sill, OK, on 14 February 1969.

9.  A line of duty determination (LOD) request from Fort Sill, OK, to the Department of the Army Casualty Branch, dated 6 August 1969, requested a LOD determination as it was required for the disability processing of the applicant.  The request stated the applicant was on combat maneuvers when four helicopters going in for a landing ran into each other injuring the applicant.

10.  On 13 August 1969, a Physical Evaluation Board found him unfit for continued service and recommended he be permanently retired.  The LOD determination, dated 27 August 1969, determined the injuries the applicant incurred in Vietnam on 12 January 1969 were incurred in the line of duty.

11.  He was honorably retired on 19 September 1969 by reason of physical disability.  He completed 2 years and 13 days of creditable active service.  The DD Form 214 he was issued shows his rank as "SGT", first name as "Leland," and the first two digits of his SN as "54."

12.  Item 24 of his DD Form 214 does not show award of the Purple Heart.

13.  There are no orders in his records showing award of the Purple Heart.

14.  Item 40 (Wounds) of his DA Form 20 contains no entries and item 41 (Awards and Decorations) does not show the Purple Heart.

15.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders for the Purple Heart pertaining to the applicant.

16.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the DA Form 2397, dated 17 January 1969, lists the applicant's name with an incorrect rank, first name, and the first two digits of his SN.  Therefore, this form should be corrected to show the correct information.

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

3.  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.  When contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that a Soldier was participating in direct or indirect combat operations is a necessary prerequisite, but is not the sole justification for the award.

4.  The injuries the applicant incurred during a helicopter crash in Vietnam and his medical treatment for those injuries are not in question.  However, it was apparently determined the crash was the result of an accident and as such his injuries were not incurred as the result of hostile action.  Therefore, he is not entitled to award of the Purple Heart.

5.  Nevertheless, this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_X____  _X_______  __X______  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records be corrected by publishing an appropriate document to amend Section G of DA Form 2397, dated 17 January 1969, to show the applicant's rank as "SGT," his first name as "Leland," and the first two digits of his SN as "54."

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart.



      _______ _   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)                                         AR20110019828





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ABCMR Record of Proceedings (cont)                                         AR20110019828



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