BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150016786 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150016786 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 AR20140017081, dated 12 May 2015. ______________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. BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150016786 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 earlier request for award of the Purple Heart. 2. The applicant states: a. Please note that his military medical record indicates he had a laceration (cut) on his shoulder while serving in the Republic of Vietnam as a combat helicopter pilot. While he cannot read the exact date of this report, the record indicates it was during October 1970. He does recall the event and, at the time, he had never thought to pursue this injury. In contrast to those who were dying and losing limbs in our midst daily, the wound seemed more a bit of ironic "combat humor" than anything else at the time. b. Recently, the Army Review Board itself notated this combat wound in his record. As a result, thanks to the internet, he was able to acquire documentation from additional sources documenting that this injury is combat related, resulting from injuries sustained during an enemy mortar and rocket attack on the 117th AHC company area. “See attached DD Form 21-4138 submitted by CWO Bruce B____ and DD Form 149 submitted by LTC William A____, XO 117th AHC, RVN. These individuals both attest to witnessing and being aware of this incident.” c. During one such rocket and mortar attack on the military base (Plantation Airfield, Long Binh Army Base Ill Corps, South Vietnam) at which the 117th A HC was located, several rockets and mortars made impact in and around the 117th Company Area. While seeking shelter in one of the company area bunkers, he was struck by some flying debris and instructed to go on sick call once the attack subsided. d. Per his medical record (enclosed) he was treated for the injury and released. As the injury was not life threatening and as men were dying daily, he had never considered following up on the many suggestions at the time of the attack that he should receive the Purple Heart and did not carry it further. No paperwork was filed at the time as a result he returned to flying missions soon after in my normal rotation. e. In view of the current circumstances, the applicant is requesting that he receive the Purple Heart for this combat injury. This overdue recognition is, at this late date in his life, more for his children and grandchildren's remembrances than for him. f. Nightly rocket and mortar attacks were an increasingly common occurrence in his Area of Operation (AO). This is a well-documented statement of fact. 3. The applicant provides copies of: * medical records, dated October 1970 * VA Form 21-4138 (Statement in Support of Claim), dated 2 August 2014 from Chief Warrant Officer B____ (previously submitted and considered) * DD Form 149, dated 14 August 2014, from LTC A____ (previously submitted and considered) 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 AR20140017081 on 12 May 2015. 2. The applicant provides new evidence in support of his request for reconsideration of the Purple Heart. 3. The applicant's records show he enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program on 4 February 1969. He entered active duty for training on 3 March 1969. 4. He completed all phases of the Warrant Officer Rotary Wing Aviator Course and he was honorably discharged from active duty on 3 March 1970 to accept appointment as a warrant officer. His DD Form 214 for this period of service shows he was awarded or authorized the National Defense Service Medal. 5. He was appointed as a Reserve warrant officer of the Army and executed an oath of office on 9 March 1970, with concurrent call to active duty. He held military occupational specialty 100B (Rotary Wing Pilot – Observation Utility and Cargo Helicopter). He served in Vietnam from 15 April 1970 to 3 April 1971. He was assigned to 117th Aviation Company (Assault Helicopter). 6. He was honorably released from active duty on 15 April 1971 and he was transferred to the USAR Control Group (Annual Training) to complete his remaining service obligation. His DD Form 214 for this period of service shows he was awarded or authorized the: * National Defense Service Medal * Army Good Conduct Medal * Army Aviator Badge * Vietnam Service Medal * Air Medal * Republic of Vietnam Campaign Medal 7. On 12 May 2015, the Army Board for Correction of Military Records (ABCMR) denied his request for award of the Purple Heart. 8. There is no evidence of record that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart. Nothing in several typical sources show he was wounded/injured as a result of hostile action: a. Item 10 (Assignment Limitations) of his DA Form 66 (Officer Qualification Record) does not show a combat wound or injury. Normally, but not always, an entry of this nature is made in this block. b. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by HRC, 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. c. His name is not shown on the Vietnam casualty roster, which is a microfiche listing of Vietnam-era casualties that is used to verify entitlement to the Purple Heart. d. 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. e. His contemporaneous officer evaluation reports (1970 to 1971) did not mention a combat injury. f. His records show that there are no morning reports that confirm a duty status change from present for duty to patient or after action reports that confirm by name U.S. casualties on the date the applicant claimed he was wounded in action. 9. In support of his application the applicant provides the following documents: a. A Standard Form (SF) 600 (Chronological Record of Medical Care), dated October 1970, that shows he was treated for a small cut on shoulder (laceration) and returned to duty; it does not indicate that he was injured or wounded as a result of hostile action. b. VA Form 21-4138, dated 2 August 2014, from Chief Warrant Officer B____ who states he was an officer of the same unit at the time. He states he recalls the applicant sustained an injury to his shoulder during an attack from debris that was flying around. The injury was a direct result of enemy action in Vietnam. He also remembers the applicant being hit one evening when the alarm sounded during an attack. While the applicant ran to the bunker, he was hit with debris created by the enemy action of incoming rounds. Afterwards, he was sent to the medics that were used by the 117th. They treated his injury and he (the author) recalls seeing the applicant returning to the hooch area with bandages on his shoulder. Chief B____ does not recall which shoulder but he recalls the applicant showing him the entry in his medical records documenting the combat injury. It was suggested by some that the applicant should be recommended for the Purple Heart; however, he laughed that suggestion off at the time. There were too many Soldiers dying. His (the applicant's) medical records from Vietnam document that in October 1970 he was treated for a laceration on his shoulder at which time he was also treated for an infection. The record shows his wound was closed with steri-strips to heal. c. DD Form 149, dated 14 August 2014, wherein LTC A____ identifies himself as the former executive officer of the 117th Assault Helicopter Company. He describes the mission of his company and the applicant's performance during multiple assaults, medical evacuations, and resupply missions. He requests to correct an error or injustice by recommending the applicant for a Purple Heart for injury resulting from a rocket/mortar attack on the company area. 10. On 20 January 2017, Mr. John F. K____, Veterans Affairs Liasison, Office of United States Senator Jack Reed, requested a status of a previously submitted request by the applicant for the Distinguished Flying Cross (DFC), Bronze Star (BS) with “V” Device, and Army Commendation Medal (ARCOM). Records show this request was addressed in previous correspondence, records of proceedings, and a telephonic communication with the applicant. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. The Purple Heart is awarded to any member who was wounded or killed in action or as a result of enemy action. A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy. In order to support awarding a member the Purple Heart, it is necessary to establish the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record. DISCUSSION: 1. The applicant's claim for reconsideration of the Purple Heart was carefully considered. a. The statement submitted by Mr. B___ is noted. However, it is based on recollection of events that occurred some 45 years ago, and while his sincerity is not in question, Mr. B____’s recollection of these events is not supported by an after action report, nor does he specifically identify a date. As such, the elements for award of the Purple Heart (combat injury, treatment, official record) have not been met. b. The DD Form 149, submitted by LTC A____, written more than 45 years after the incident under review, shows the writer did not specifically identify the date of the incident. c. The medical documents show he sought treatment for an injury on or after 27 October 1970 and that treatment occurred, on or after 27 October 1970, for a "small cut on shoulder.” Furthermore, the medical records do not support the application in that there is no mention that the cut was a result of enemy action. 2. The applicant's available military service records do not show any evidence that he was wounded or injured in action as a result of a hostile act by the enemy. 3. The applicant's contentions and sincerity are not in question. However, in the absence of documentation that conclusively shows he was wounded or injured as a result of enemy action, there is an insufficient evidentiary basis for awarding him the Purple Heart. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016786 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016786 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2