MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           13 May 2003                   
	DOCKET NUMBER:   AR2003084980

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson 		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Lawrence Foster 		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:  In effect, that he be awarded the Purple Heart (PH).

APPLICANT STATES:  In effect, that he was injured in a helicopter accident on 
2 December 1967, while serving as a door gunner in the Republic of Vietnam (RVN).  He states that he was never awarded the PH for these injuries and now requests that it be retroactively awarded.  In support of his application, he provides a copy of a Department of Veterans Affairs (VA) rating decision that clearly indicates they had the applicant’s military medical records for this period.  

EVIDENCE OF RECORD:  The applicant's military records show:

He initially entered active duty on 12 November 1965 and successfully completed basic training at Fort Leonard Wood, Missouri and advanced individual training (AIT) at Fort Eustis, Virginia.  Upon completion of AIT, he was awarded military occupational specialty (MOS) 67U (Helicopter Mechanic).  

The applicant served in the RVN from 8 March 1967 through 4 March 1968.  During his tour in the RVN, he was assigned to the 602nd Tandem-Helicopter Detachment, from 8 March to 16 September 1967, and to the 187th Aviation Company, from 18 September 1967 to 4 March 1968.  On 26 February 1968, while still in the RVN, he reenlisted for six years.  

The applicant’s record contains no indication that he was ever wounded or injured as a direct result of enemy action during his tour in the RVN.  His Military Personnel Records Jacket (MPRJ) is also void of any orders or other documents showing that he was ever wounded or injured in action, or that he was ever recommended for or awarded the PH.

On 10 February 1974, the applicant was honorably discharged after completing a total of 11 years and 21 days of active military service.  After a break in service, he reenlisted on 3 December 1976, and he continuously served on active duty until being honorably released from active duty (REFRAD) for the purpose of retirement on 28 February 1986.

The separation document (DD Form 214) issued to the applicant on 28 February 1986 confirms that he earned the following awards during his active duty tenure:  Army Service Ribbon; National Defense Service Ribbon; Vietnam Service Medal; Republic of Vietnam Campaign Medal with 60 Device; Overseas Service Bars (2); Senior Aircraft Crewman Badge; Air Medal; Army of Occupation Medal; Army Commendation Medal; Republic of Vietnam Gallantry Cross Unit Citation with Palm; Overseas Service Ribbon with Numeral 1; and Army Good Conduct Medal (6th Award).  The PH is not included in this list of authorized awards, and the applicant authenticated the DD Form 214 with his signature, thereby verifying that the information contained therein was correct on the date it was prepared and issued.  
The applicant provides a VA disability rating decision, dated 21 December 2002, which indicates that his military medical records were in the possession of the VA on that date.  The VA rating decision indicates that a flight physical examination taken by the applicant on 10 May 1968 refers to an 8 day hospitalization in 
Chu Chi, RVN, following a helicopter accident.  However, there is no indication in this summary that the helicopter accident was the result of enemy action.  The applicant failed to provide a copy of his military medical records with his application, and the records provided to the Board did not include his military medical record.  

In connection with the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Vietnam Casualty Roster, which contains the names of those soldiers wounded or injured in action in the RVN.  The applicant’s name was not included in this DA list of RVN casualties.  

Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards policy. Paragraph 2-8 contains guidance on awarding the Purple Heart.  It states, in pertinent part, that the PH is authorized to members who are wounded in action.  A wound is defined as an injury to any part of the body from an outside force or agent sustained in action. It also stipulates that the wound for which a PH is being awarded must have required treatment by a medical officer, and the records of medical treatment for the wound or injury for which the PH is being awarded must have been made a matter of official record.  It also provides examples of injuries that do and do not qualify for award of the PH.  Included in the list of those injuries that clearly do not qualify for award of the PH are accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action. 

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.  The Board notes the applicant’s contention that he should be awarded the PH, but it finds insufficient evidence to support this claim.  By regulation, injuries incurred as a result of an aircraft accident not related to or caused by enemy action clearly do not qualify for award of the PH.  

2.  While the applicant has provided evidence, in the form of a summary of his military medical record prepared by the VA, that verifies that he was hospitalized in the RVN for injuries he received in a helicopter accident, he failed to provide evidence to show this aircraft accident was the result of or caused by enemy action.  Further, the evidence of record provides no indication that supports his claim of entitlement to the PH.  

3.  In view of the facts of this case, the Board finds the regulatory burden of proof required to support award of the PH has not been met.  Therefore, it is compelled to deny the requested PH in the interest of all those who served in the RVN and who faced similar circumstances. 

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

___TK___  ___LF__  __MP___  DENY APPLICATION

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

INDEX

CASE ID	AR2003084980	
SUFFIX		
RECON		
DATE BOARDED	2003/05/13	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1986/02/26	
DISCHARGE AUTHORITY	AR 635-200 	
DISCHARGE REASON	Retirement 	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015	
2.		
3.		
4.		
5.		
6.