BOARD DATE: 14 September 2017 DOCKET NUMBER: AR20160003477 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: 14 September 2017 DOCKET NUMBER: AR20160003477 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 14 September 2017 DOCKET NUMBER: AR20160003477 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: a.  He did not receive the Purple Heart for his injury in a helicopter crash in I Corps in Vietnam. b.  He was on a combat mission when an engine failure caused his helicopter to crash into a mountain. c.  His shoulder straps failed, throwing him into the console and he was knocked unconscious. He and others were picked up and taken back to home base. He was then sent to Camp Zama, Japan. d.  He was sent to Walter Reed General Hospital (now known as Walter Reed National Military Medical Center). He was not able to pass any physical examinations afterward and he was never able to fly again. 3. The applicant provides: * medical and dental records * U.S. Army Flight and Training Center and Fort Stewart Special Orders Number 244, dated 29 October 1970 * U.S. Army Flight and Training Center and Fort Stewart Special Orders Number 264, dated 23 November 1970 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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. Prior to his commissioning in the Army, he completed a DD Form 398 (Statement of Personal History), dated 7 March 1968, wherein he indicated he used the first name Lee as an alias. 3. Having prior honorable enlisted service in the Army of the United States, he was appointed as a Reserve warrant officer one on 4 June 1968 with concurrent order to active duty while using the first name Leon. A review of his records shows he used both Lee and Leon as his first name throughout his service. 4. He served in Vietnam as a helicopter pilot during the period 24 June 1968 through 2 March 1969. While serving in Vietnam, he was assigned as follows: * 188th Assault Helicopter Company from 28 June 1969 through 31 July 1968 * Company C, 101st Assault Helicopter Battalion, 101st Airborne Division, from 26 October 1968 through 2 March 1969 5. He provided medical and dental records that include: a.  a Standard Form 600 (Chronological Record of Medical Care) showing a medical entry, dated 27 January 1969, stating the applicant was involved in a major aircraft accident on 24 January 1969. The examiner noted the aircraft lost its air cushion while hovering. He was not injured; he flew 1 day before, but 135 hours the previous month; fatigue was possibly a factor; he flew 5 hours before the accident. b.  a letter from the Battalion Aid Station, 101st Assault Helicopter Battalion, dated 27 January 1969, subject: Flight Clearance after Aircraft Accident, wherein the aviation medical officer stated the applicant was found physically qualified for duty involving flying after an aircraft accident. 6. The complete facts and circumstances and aircraft accident report are not available for review. 7. Item 18 (Record of Assignments) of his DA Form 66 (Officer Qualification Record) shows in he was a patient assigned to the Medical Holding Company, Camp Zama, Japan, effective 3 March 1969. He was reassigned to the Medical Holding Detachment, Walter Reed General Hospital, Washington, DC, effective 17 March 1969. 8. The medical records provided by the applicant also include: a.  a Standard Form 502 (Narrative Summary), dated 17 March 1969, that notes he was air evacuated from the Republic of Vietnam to Walter Reed General Hospital on 17 March 1969 and (1)  he related having had headaches since the age of 14 and (2)  his helicopter crashed on 24 January 1969, and he experienced a sudden forward thrust, being withheld by his safety straps. He did not strike his head, but he noted an increase in the frequency of his headaches and severity of his headaches since the helicopter crash; b.  a Surgeon General Form 84 (Clinical Record Cover Sheet), dated 27 March 1969, that notes he was diagnosed with migraine headaches with post-traumatic aggravations subsequent to a helicopter crash in January 1969 in the Republic of Vietnam; and c.  a psychiatric staff evaluation, dated 9 September 1969, that notes his headaches began after he was taken off flight status following an aircraft accident while on duty in the Republic of Vietnam. 9. He provided U.S. Army Flight and Training Center and Fort Stewart Special Orders Number 244, dated 29 October 1970, which transferred him to the U.S. Army Transfer Point, Fort Stewart, for separation processing effective 1 December 1970. U.S. Army Flight and Training Center and Fort Stewart Special Orders Number 264, dated 23 November 1970, amended Orders Number 244, to show his effective date for release from active duty as 14 December 1970 with an effective date of transfer to the U.S. Army Reserve as 15 December 1970. 10. On 16 August 1972, he was honorably discharged from the U.S. Army Reserve by reason of resignation. 11. His name is not listed on the Vietnam casualty roster and his records are void of evidence showing he was injured as a result of hostile action. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify 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.  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 trap or mine * injury caused by enemy-released chemical, biological, or nuclear agent * injury caused by vehicle or aircraft accident resulting from enemy fire * concussion injuries caused as a result of enemy-generated explosions * mild traumatic brain injury or concussion severe enough to cause either loss of consciousness or restriction from full duty due to persistent signs, symptoms, or clinical finding, or impaired brain function for a period greater than 48 hours from the time of the concussive incident b.  Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: * frostbite (excluding severe frostbite requiring hospitalization from 7 December 1941 to 22 August 1951) * trench foot or immersion foot * heat stroke * food poisoning not caused by enemy agents * chemical, biological, or nuclear agents not released by the enemy * battle fatigue * disease not directly caused by enemy agents * accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action * self-inflicted wounds, except when in the heat of battle and not involving gross negligence * post-traumatic stress disorder * airborne (for example, parachute/jump) injuries not caused by enemy action * hearing loss and tinnitus (for example, ringing in the ears) * mild traumatic brain injury or concussions that do not either result in loss of consciousness or restriction from full duty for a period greater than 48 hours due to persistent signs, symptoms, or physical finding of impaired brain function * abrasions and lacerations (unless of a severity to be incapacitating) * bruises (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer) * soft tissue injuries (for example, ligament, tendon, or muscle strains, sprains, and so forth) * first degree burns DISCUSSION: 1. Award of the Purple Heart requires evidence to verify: * the wound was the result of hostile action * the wound required treatment by a medical officer * documentation of the wound in official records 2. The available records are void of evidence showing the applicant was wounded as a result of hostile action. 3. The applicant states and the evidence of record shows he sustained an injury when an engine failure caused his helicopter to crash. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003477 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003477 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2