IN THE CASE OF:	  

		BOARD DATE:	  27 November 2012

		DOCKET NUMBER:  AR20120008011 


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, the widow of a deceased former service member (FSM), requests reconsideration of an earlier request for award of the Distinguished Flying Cross (DFC) and Purple Heart (PH) to her late husband through a Member of Congress.

2.  The applicant states:

	a.  Her husband received the DFC from the Secretary of the Army.  Prior to receiving this award her husband was a career Soldier, serving in Korea as a combat medic and in Vietnam as a combat helicopter pilot as well as a fixed wing pilot.

	b.  Her husband was recruited to do several spy missions which she never knew about until after his retirement because the missions were classified.  He was shot down in Vietnam and rendered unconscious.  When he finally regained consciousness he was in a military hospital in Japan.  After he recovered from his injury in Vietnam, he was grounded from flying due to the head injury that caused him to lose consciousness at various times.  He remained on active duty to retire but wasn't able to fly.

	c.  After he retired he told her when he died he would be awarded some special awards but due to the fact that the missions were classified he would only receive them posthumously.  In 1997, he received a citation for the DFC and a medal.  Nothing else was received.

	d.  According to the President of the United States, any personnel who were deemed unconscious deserve and are ordered to receive the PH.

	e.  Her husband joined the military when he was just 17 years of age and served over 20 years.

3.  The applicant provides:

* letter from a Member of Congress, dated 6 March 2012
* FSM's DFC Citation
* excerpt from the Army Aviation Museum
* FSM's DA Form 66 (Officer Qualification Record)

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 AR20110014142 on 19 January 2012.

2.  The applicant provides a citation which shows the FSM was awarded the DFC for the performance of valor while in support of United States objectives in the counter-insurgency effort in the Republic of Vietnam on 27 March 1966.

3.  The DFC Citation is new evidence that will be considered by the Board.

4.  The FSM entered active duty in an enlisted status on 24 February 1948 for a period of 3 years.  He was honorably discharged on 5 July 1950 for the purpose of immediate reenlistment.  On 6 July 1950, he reenlisted for a period of 6 years.  He was honorably discharged on 4 November 1955 to accept an appointment as a warrant officer.

5.  On 5 November 1955, he was appointed a warrant officer one in the U.S. Army Reserve in military occupational specialty 1981 (helicopter aviator) with concurrent call to active duty.  He served in Vietnam from 17 July 1965 through 16 May 1966.  On 29 February 1968, he was honorably retired in the rank of chief warrant officer three after completing 20 years and 7 days of total active service.

6.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the DFC or PH as authorized awards.

7.  There are no orders for the DFC or PH in the available records.

8.  Item 21 (Awards and Decorations) of his DA Form 66 does not show award of the DFC or PH.

9.  The available records are void of any documents or orders showing the FSM was ever recommended for or awarded the DFC or awarded the PH during his active duty service.  It is also void of medical treatment records indicating he was ever treated for a combat-related wound in the RVN or that his hospitalization was the result of being wounded by enemy action.

10.  The FSM's name does not appear on the Vietnam casualty roster.

11.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the DFC or the PH pertaining to the FSM.

12.  Army Regulation 600-8-22 (Military Awards) provides that the PH is awarded for a wound sustained 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 military medical personnel, and the medical treatment must have been made a matter of official record.

13.  Military Personnel (MILPER) Message Number 11-125, issued by the U.S. Army Human Resources Command, Fort Knox, KY, dated 29 April 2011, informed all members of the Army that the Secretary of the Army had approved Army Directive 2011-07 (Awarding the Purple Heart).  The directive provides clarifying guidance to ensure the uniform application of advancements in medical knowledge and treatment protocols when considering recommendations for award of the Purple Heart for concussions (including mild traumatic brain and concussive injuries that do not result in a loss of consciousness).  This message does not change the standards for award of the Purple Heart for concussion injuries.  This policy is retroactive to 11 September 2001.

14.  Army Regulation 600-8-22, paragraph 3-1, states the decision to award an individual a decoration and as to which award is appropriate are both subjective decisions made by the commander having award approval authority.  Paragraph 3-12 contains guidance on award of the DFC.  It states it is awarded to any person who, while serving in any capacity with the Army of the United States, distinguished himself or herself by heroism or extraordinary achievement while participating in aerial flight.  The performance of the act of heroism must be evidenced by voluntary action above and beyond the call of duty.  The extraordinary achievement must have resulted in an accomplishment so exceptional and outstanding as to clearly set the individual apart from his or her comrades or from other persons in similar circumstances.  Awards will be made only to recognize single acts of heroism or extraordinary achievement and will not be made in recognition of sustained operational activities against an armed enemy.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the DFC in the available records.  In the absence of orders for the DFC, the citation provided by the applicant is not sufficient as a basis for awarding the DFC to the FSM.

2.  Army Regulation 600-8-22 establishes basic requirements for the PH and all other awards.  The PH requires:

* the wound was the result of hostile action
* treatment of the wound by medical personnel
* documentation of the wound in official records

3.  There is no evidence in the available records that shows the FSM was wounded as a result of hostile action in Vietnam.  Regrettably, there is an insufficient evidentiary basis for awarding the PH.

4.  The applicant contends, according to the President of the United States, any personnel who were deemed unconscious deserve and are ordered to receive the PH.  It appears she is talking about the current TBI guidance.  However, this policy is only retroactive to 11 September 2001.

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 AR20110014142, dated 19 January 2012.



      ___________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)                                         AR20120008011



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ABCMR Record of Proceedings (cont)                                         AR20120008011



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