MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:  18 January 2001
	DOCKET NUMBER: AR2000042803

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Melvin H. Meyer		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Reconsideration of his previous application to correct his records by award of the Purple Heart for injuries sustained on 15 December 1967 and/or 12 February 1968.

APPLICANT STATES:  That his helicopter was shot down on 12 February 1968 by enemy fire and caused injuries to his knee and thigh.  He was awarded the Silver Star for this action as shown on his DD Form 214 (Report of Separation from Active Duty).  He submits a safety summary from his unit, his DD Form 214, a witness statement from a former fellow pilot, and a copy of his awards of the Air Medal.

COUNSEL CONTENDS:  That the applicant’s contentions and the official Army records receive an equitable review on his behalf.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in proceedings prepared to reflect the Board's original consideration of his case on 5 August 1999.

The applicant’s original submission to this Board stated that he was shot down on 15 December 1967.  He now claims that he was also shot down on 12 February 1968.

The safety summary submitted by the applicant clearly shows that the applicant was forced to make a forced landing due to a mechanical malfunction.  The report also states that the aircraft was not damaged.  The report makes no mention of anyone on the aircraft sustaining injuries.

The witness statement from the fellow former pilot states that he witnessed the applicant being shot down and that he was picked up from the downed aircraft and returned to his unit without medical treatment.  He remembered that the applicant’s back was hurting and he had a hard time moving.  The witness also states that the applicant was shot down on 12 February 1968 but he was not in the area.  The witness did recall that the applicant did need medical care because his leg was discolored and he had a limp with pain and swelling.  The witness states that he is willing to testify to this matter under oath.

The applicant’s DD Form 214 and DA Form 2-1(Qualification Record) both show an award of the Silver Star but do not show when it was awarded or by what command.  No award orders or citation were found in the available record.  Information made available from the Total Army Personnel Command (PERSCOM), Awards Branch, confirmed the applicant was awarded the Silver Star on 22 April 1968 for his actions on 12 February 1968.  The citation for the award states that the applicant flew his helicopter over enemy positions to cover the withdrawal of American infantry forces.  It states that the aircraft sustained several hits by enemy fire but makes no mention of the aircraft being shot down or of anyone on the aircraft being wounded or injured as a result of this action.
The applicant’s medical records include numerous reports of medical history and medical examinations.  The 17 April 1969 medical history provided by him makes no mention of injuries or wounds as a result of aircraft accidents or enemy action.  The 17 April 1969 report of medical examination makes no mention of injuries or wounds sustained by the applicant.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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 a medical officer, and the medical treatment must have been made a matter of official record.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  Although the applicant and his witness state that he was shot down on 15 December 1967, the supporting evidence provided by the applicant clearly shows that he landed his aircraft safely on 15 December 1967 after sustaining a mechanical malfunction.

2.  There is no evidence of record, and none provided by the applicant, to show that he was injured or wounded as a result of enemy action on 12 February 1968.  The witness statement to that effect is an insufficient basis for the award and lacks credibility based on the evidence presented concerning the 15 December 1967 incident.

3.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__js___  __jm___  __mm______  DENY APPLICATION

						Carl W. S. Chun
				      Director, Army Board for Correction
					         of Military Records

INDEX

CASE ID	AR2000042803	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010118	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.