BOARD DATE:	  13 January 2015

		DOCKET NUMBER:  AR20140007819 


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 previous request for award of the Purple Heart.

2.  As a new issue, the applicant also requests award of the Combat Infantryman Badge.

3.  The applicant states he was shot down in a helicopter in Vietnam while under hostile fire on 9 October 1970.  Additionally, since he was engaged in active ground combat he is entitled to award of the Combat Infantryman Badge.  

4.  The applicant provides:

* Self-authored statement, dated 24 March 2014
* General Orders (GO) Number 18907, dated 3 November 1970 
* Two letters of support (from Mr. TLM)
* Standard Form (SF) 600 (Health Record-Chronological Record of Medical Care), 2 pages, dated 9 October 1970 (from Mr. TLM)
* DA Form 759-1 (Individual Flight Record and Flight Certificate – Army), dated 3 September 1970 through 25 November 1970 (from Mr. TLM)
* Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130001167, dated 13 August 2013
* Memorandum issued by the Army Review Boards Agency, dated            14 August 2013


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 ABCMR in Docket Number AR20130001167, on 13 August 2013.

2.  The applicant provides a self-authored statement, two SFs 600, a DA Form 759-1, and two letters of support which were not previously considered by the Board.  Therefore, these documents are considered new evidence which warrants consideration by the Board.

3.  The applicant enlisted in the Regular Army on 2 June 1969 and held military occupational specialties (MOS) 67M (OH-13/OH-23 Helicopter Repairman) and 67V (Observation/Scout Helicopter Repairman).  The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.

4.  His DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) that he was assigned to Vietnam from 2 September 1970 to 25 May 1971.  

5.  His record contains four sets of special orders (SO) ranging in date from 
16 December 1969 to 26 May 1970.  All of these orders, except the last set, shows his MOS as 67M.  However, SO Number 127, issued by the 82nd Airborne Division, Vietnam on 26 May 1970 show he was awarded primary MOS (PMOS) 67V and PMOS 67M was withdrawn and subsequently awarded as a secondary MOS (SMOS).

6.  He provided an SF 600, dated 9 October 1970 as evidence for the previous Record of Proceedings (ROP).  This form shows, on 9 October 1970, at 1800 hours, the applicant was treated at the 759th Medical Detachment, Vietnam.  The applicant was in an aircraft OH-6 crash at 1600 hours that day.  He appears to have been positioned in the left front seat, as the record indicates the left "front seat-straps held" and that his helmet remained on his head.  The applicant complained of "kink" in the right side of his neck.  This record also shows he had a slight laceration on the 5th finger of his left hand and that the applicant stated in reference to the crash that it was a "fairly soft landing."  

7.  GO Number 18907, issued by Headquarters, 1st Cavalry Division (Airmobile), Vietnam, dated 3 November 1970 awarded him the Bronze Star Medal for 
heroism in connection with ground operations against a hostile enemy force in the Republic of Vietnam on 9 October 1970, when his unit became engaged with a determined enemy force.  He exposed himself to intense hostile fire as he moved forward to the point of heaviest contact and began placing a heavy volume of suppressive fire upon the insurgent forces. 

8.  The below source documents contain the following, with respect to the Purple Heart and Combat Infantryman Badge:

	a.  Item 38 (Record of Assignments) of his DA Form 20 does not show he was in a patient status; 

	b.  Item 40 (Wounds) of his DA Form 20 does not reflect a combat wound or injury; 

	c.  Item 41 (Awards and Decorations) of his DA Form 20 does not show he was awarded the Purple Heart or the Combat Infantryman Badge; 

	d.  His records do not contain orders awarding him the Purple Heart or the Combat Infantryman Badge; 

	e.  His name is not shown on the Vietnam casualty roster; and 

	f.  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 and maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal orders for award of the Purple Heart or the Combat Infantryman Badge; 

9.  He was honorably released from active duty on 28 May 1971.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and subsequently issued DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) do not list the Purple Heart or the Combat Infantryman Badge.

10.  He provided the following new documents as evidence which were presented by Mr. TLM.  These documents include:

	a.  two SFs 600, dated 9 October 1970, showing as new evidence.  These forms do not chronicle the applicant's treatment, but rather the treatment of his 
fellow crewmember, Mr. TLM, which show Mr. TLM was treated at the 759th Medical Detachment, Vietnam on 9 October 1970.  Mr. TLM was in an OH-6 helicopter that was shot down at 1600 hours that day.  The aircraft was at treetop level when it was hit and the aircraft fell on its right side.

	b.  Mr. TLM's DA Form 759-1 showing he flew in an OH-6A helicopter on 
9 October 1970, on a combat flight that lasted for 1 hour.  Coincidently, the applicant's record contains a DA Form 759-1, which shows the applicant also flew in an OH-6A helicopter on 9 October 1970, on a combat flight that lasted for 1 hour.  These forms also indicate the applicant and Mr. TML were in the same unit.

	c.  Mr. TLM provided two letters, which state, in summary, that he and the applicant were crew members on "the helicopter."  They were shot down by hostile enemy fire.  The helicopter landing was not a soft landing and the term "tree-top-level" is misleading.  They were above the trees when the helicopter was hit and they hit the ground very hard.  He and the applicant were both injured.

11.  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.  

	a.  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 the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.  

	b.  An example of enemy-related injuries which clearly justifies award of the Purple Heart is injuries caused by an aircraft accident resulting from enemy fire.  However, an example of injuries or wounds which clearly do not justify award of the Purple Heart are accidents, to include aircraft and other accidental wounding not related to or caused by enemy action.  

	c.  It is not intended that such a strict interpretation of the requirement for the wound or injury to be caused by direct result of hostile action be taken that it would preclude the award being made to deserving personnel.  Commanders must also take into consideration the circumstances surrounding an injury.  Note the following example:  In a case such as an individual injured while making a parachute landing from an aircraft that had been brought down by enemy fire; or, an individual injured as a result of a vehicle accident caused by enemy fire, the decision will be made in favor of the individual and the award will be made.


12.  Army Regulation 600-8-22 states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows, on 9 October 1970, the applicant was serving as a crewmember aboard an OH-6A helicopter during a combat flight that lasted for 1 hour.  During the course of the flight the helicopter was shot down by hostile enemy fire.  As a result of the crash the applicant received a laceration to the 5th finger of his left hand.  This wound required treatment by medical personnel, and this treatment was made a matter of record.  

2.  Additionally, the GO awarding him the Bronze Star Medal for heroism further supports Mr. TLM's statements and medical records which both indicate the helicopter crash was a result of hostile enemy fire.  

3.  In cases such as an individual being injured as a result of a vehicle or aircraft accident caused by enemy fire, Army regulations states the decision to award the Purple Heart will be made in favor of the individual and the award will be made.  Therefore, the applicant should be awarded the Purple Heart and his DD Form 214 should be corrected to add this award.  

4.  All Soldiers are provided basic combat skills training after they enter the Army. This is provided to ensure they have the survival skills to perform basic infantry missions when the need arises.  The exigencies of combat may also require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught, but it is not a basis for the award of the Combat Infantryman Badge.  No other Soldier in combat is more exposed on a daily basis to the dangers and hardships of war and no other branch suffers more casualties than the infantry.  To maintain the prestige, uniqueness, and traditional value of the Combat Infantryman Badge, only Soldiers holding an infantry MOS are entitled to award of the Combat Infantryman Badge.  The applicant did not hold an infantry MOS; therefore, he is not entitled to award of the Combat Infantry Badge.  


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  __x______  __x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented was sufficient to warrant to recommendation for partial relief. 

2.  In regard to the request for reconsideration, the Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number Docket Number AR20130001167, dated 13 August 2013.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding him the Purple Heart for wounds received in action on 
9 October 1970
* adding the Purple Heart to his DD Form 214 

3.  In regard to the new issue, the Board further determined that 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 awarding him the Combat Infantryman Badge.  



      _______ _  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)                                         AR20140007819





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ABCMR Record of Proceedings (cont)                                         AR20140007819



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