IN THE CASE OF:	  

		BOARD DATE:  3 December 2013

		DOCKET NUMBER:  AR20130006080 


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:

The applicant defers requests and statements to counsel and provides no additional evidence.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests reconsideration of the applicant’s previous request for award of the Purple Heart.

2.  Counsel states they are providing revised notarized statements in support of the applicant’s request.  One of the statements attests to medical treatment being included and considered as an official Army record.  

3.  Counsel provides three revised sworn statements from members of the 335th Assault Helicopter Company.

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 AR20110018483, on 10 April 2012.

2.  Counsel submits three revised sworn statements.  These documents are new evidence that will be considered by the Board.

3.  The applicant was inducted into the Army of the United States on 16 August 1966.  He completed training and was awarded military occupational specialty 67N (single rotary turbine helicopter mechanic).  He served in Vietnam from 
25 February 1967 through 21 February 1968 and was assigned to the 335th Assault Helicopter Company.

4.  He was honorably released from active duty in pay grade E-5 on 15 August 1968 and was transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) lists the:

* Air Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device 1960
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* one overseas service bar

5.  There is no evidence of record that shows he was injured or wounded as a result of hostile action.  Nothing in several typical sources show he was wounded/injured as a result of hostile action:

	a.  Item 40 (Wounds) of his contemporaneous DA Form 20 (Enlisted Qualification Record) does not show a combat wound or injury.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

	b.  His name is not shown on the Vietnam casualty listing.  This is a Microfiche Listing of Vietnam Era Casualties that is used to verify entitlement to the Purple Heart. 

	c.  His records do not contain an official Army message or a Western Union telegram notifying his next of kin of an injury or wound.  This was the proper notification of injuries at the time. 

	d.  His service medical records which would have listed an injury and/or if treatment was required or rendered, are not available for review with this case. 

6.  Counsel provided three statements from three individuals who served with the applicant.  The statements show:

   a.  The first individual stated the applicant was wounded as a result of hostile enemy action performing his duty as a left-side door gunner with the 335th Helicopter Assault Company in Vietnam.  Regretfully, he as the medic did not properly document the applicant’s wounds as it was a less serious injury not requiring medical evacuation and due to the applicant’s desire to return to his mission.  At the time, it seemed their minor injuries were not important and so many of these types of injuries were not properly documented.  He believes it is an unmistakable error to deny the applicant because of negligence to properly document the applicant’s wounds at the time.

   b.  The second individual stated that he served as crew chief and door gunner with the 335th Assault Helicopter Company.  He spent most of the year flying many combat and support missions with the applicant.  He can remember that the applicant was hit with some shrapnel on at least one occasion.  It was one of their missions out of Phu Hiep.  They were contouring the ground to suppress the Viet Cong and an explosion on the left side threw up some shards of metal and caught the applicant in the left leg above the knee.  The medic pulled either 3 or 4 small pieces out, gave the applicant a couple of sutures, and the applicant returned to the mission.

   c.  The third individual stated that he served as the helicopter pilot in the 335th Assault Helicopter Company in Vietnam.  The applicant was the crew chief in July 1968.  The gunships were extremely prone to hard landing due to the operating environment and several such incidents occurred during this period.  Due to the passage of time he could no longer remember the names of the crew members involved, but he does remember that several crew members received injuries as a result of these incidents.

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.

DISCUSSION AND CONCLUSIONS:

1.  The counsel’s contention and the evidence submitted were carefully considered.  However, the regulatory burden of proof necessary to support award of the Purple Heart to the applicant during his period of service in Vietnam has not been satisfied in this case.

2.  The criteria for 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 medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.

3.  His service record is void of any evidence that shows he was wounded or injured as a result of combat during his period of service in Vietnam.  His name does not appear on the Vietnam casualty listing and his DA Form 20 does not indicate he received a combat related wound.  Additionally, his medical records, which are necessary to confirm that treatment was required and/or rendered and made a matter of official record, are not available for review.  Further, the statement from the medic confirms that medical treatment was not recorded.

4.  Notwithstanding his contention and his sincerity, and notwithstanding the sincerity of the authors of the supporting statements, the criteria for award of the Purple Heart has not been satisfied.  In the absence of additional documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.  Therefore, there is insufficient evidence to grant him the Purple Heart and its addition to his DD Form 214.

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 AR20110018483, dated 10 April 2012 as it 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)                                         AR20130006080





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ABCMR Record of Proceedings (cont)                                         AR20130006080



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