IN THE CASE OF:	  

		BOARD DATE:	  30 July 2015

		DOCKET NUMBER:  AR20140021655 


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 award of the Purple Heart.

2.  The applicant states the pilot, copilot, and passenger all received the Purple Heart; he, the door gunner, did not.  He does not know why.  He fought for our country every day.  On 6 August 1969, the helicopter he was on, as a crewmember, was shot down by the enemy in Vietnam.  He was assigned to the 119th Attack Helicopter Company.  They had just finished morning operations and took a lunch break.  During this time, a captain asked if he could take him to his firebase.  They flew to the specific fire base and as he hovered above the landing zone, a B-40 rocket hit and blew up the aircraft.  He was medically evacuated to An Khe Field Hospital for his injuries.  All the other crewmembers received the Purple Heart but he did not.  He was the only one they thought was dead.

3.  The applicant does not provide any additional evidence. 

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 enlisted in the Regular Army on 15 August 1968 and he held military occupational specialty 67A (Aircraft Maintenance Apprentice).  He served in Vietnam on two separate occasions: 

* from 2 February 1969 to 17 February 1970; he was assigned to the 119th Aviation Company 
* from 11 October 1970 to 9 August 1971; he was assigned to the 117th Attack Helicopter Company 

3.  He was discharged under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations Enlisted Personnel) for the good of the service in lieu of trial by court-martial with an under other than honorable conditions discharge.

4.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Purple Heart; however, it does show he was awarded or authorized the: 

* National Defense Service Medal 
* Air Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* With Device (1960)
* 2 overseas service bars 
* Aircraft Crewmember Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  On 22 July 1975, the Army Discharge Review Board upgraded his discharge to under honorable conditions (general).  As a result, he was reissued a DD Form 214 (Report of Separation from Active Duty) that reflected his general discharge as well as his updated awards and decorations as follows: 

* National Defense Service Medal 
* Air Medal
* Vietnam Service Medal with one silver and one bronze service star 
* Vietnam Campaign Medal with Device ( 1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Aircraft Crewmember Badge
* 2 overseas service bars 
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert marksmanship Qualification Badge with Grenade Bar
* Army Commendation Medal with ?V? Device

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

	a.  His medical records are available for review with this case.  Medical records confirm an injury or a wound occurred, if treatment was needed, and when treatment was rendered.  Nowhere in his medical records does it show he was injured as a result of hostile action and/or treated by medical official officials.

	b.  General Orders Number 3516, issued by Headquarters, 1st Aviation Brigade, awarded the applicant the Army Commendation Medal with "V" Device for heroism on 30 March 1969.  The citation describes the applicant's actions on that date during an extraction of allied forces operation.  The citation describes the applicant's actions but does not indicate he was wounded.

	c.  Item 40 (Wounds) of his DA Form 20 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.

	d. His personnel records do not contain an official Army message or a Western Union telegram notifying his next of kin of an injury or wound sustained in action.  This was the proper notification procedure for injuries at the time.

	e.  His name is not shown on the Vietnam casualty listing.  This is a listing of Vietnam era casualties commonly used to verify entitlement to award of the Purple Heart.

	f.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by 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 any orders for the Purple Heart pertaining to the applicant.

7.  Army Regulation 600-8-22 (Military Awards) provides that 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.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:

* injury caused by enemy bullet
* shrapnel or other projectile created by enemy action
* injury caused by enemy placed mine or trap
* injury caused by enemy released chemical, biological, or nuclear agent
* injury caused by vehicle or aircraft accident resulting from enemy fire and/or concussion injuries caused as a result of enemy generated explosions

8.  Army Regulation 15-185 (ABCMR) states the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  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.

2.  The applicant's service record is void of any documentary evidence that shows he was wounded or injured as a result of combat.  His name is not listed on the Vietnam casualty listing.  There is nothing in multiple typical sources including his medical records that confirm he was wounded as a result of hostile action or that he required treatment by medical personnel.

3.  The applicant's service to our country and sincerity are not in question.  However, the three components of the Purple Heart are not satisfied.  In the absence of documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, there is an insufficient evidentiary basis for awarding him the Purple Heart.





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)                                         AR20140021655





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140021655



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1