RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 November 2007 DOCKET NUMBER: AR20070008747 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Ms. Catherine C. Mitrano Director Mr. Mohammed R. Elhaj Analyst The following members, a quorum, were present: Mr. Kenneth L. Wright Chairperson Ms. LaVerne M. Douglas Member Mr. Michael J. Flynn Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, award of the Purple Heart with Oak Leaf Cluster. 2. The applicant states that he was wounded twice in the Republic of Vietnam. a. His first wound occurred during the Tet Offensive in 1968 when he was wounded in the back of his neck. He states that foreign material was removed in the field by non-medical U.S. Naval personnel assigned to Detachment 3, Vinh Long, Republic of Vietnam. Subsequent to infection, dead tissue was removed in a medical clinic at Vinh Long Airfield by U.S. Army Medical Corps personnel. Twelve sutures were needed to close the wound. b. His second wound occurred during a forced landing in an UH-1D helicopter. He states that while the helicopter was auto-rotating, the co-pilot ordered him to leave his seat and move forward to release the left side armor plate of his seat in order to facilitate escape from the aircraft upon landing. He further adds that while returning to his seat, the helicopter made a hard landing, throwing him against the back of the co-pilot seat with enough impact to fracture the visor of his helmet. After returning to the U.S. he was assigned to Hunter Army Airfield, Georgia. During a medical examination, it was revealed that he had a tear in the retina of his left eye. Based on the history of the crash impact, he was ordered to Walter Reed Army Medical Center (WRAMC) where an experimental cryosurgical injection of liquid nitrogen was used to seal the tear. 3. The applicant did not provide any documentary evidence in support of his application. 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's records show that he enlisted in the Regular Army on 30 June 1967 for a period of 3 years. He completed basic combat training and advanced individual training (AIT) and was awarded military occupational specialty (MOS) 67N (Single Rotor Turbine Helicopter Mechanic). The highest rank he attained while on active duty was specialist five/E-5. He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group on 30 March 1970. 3. The applicant's records further show that he served in the Republic of Vietnam during the period 16 January 1968 through 19 August 1969. He was assigned to the 114th Aviation Company (Assault Helicopter), 1st Aviation Brigade, located at Vinh Long. 4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Aircraft Crew Member Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14/M-16), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Air Medal (1st Oak Leaf Cluster and "V" Device), and 3 Overseas Service Bars. Item 24 of the applicant's DD Form 214 does not show award of the Purple Heart. 5. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show any entries for wounds. Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the Purple Heart. 6. The applicant records do not contain general orders which authorized him award of the Purple Heart. 7. The applicant's name is not shown on the Vietnam Casualty Roster. 8. The applicant's service medical records show that, upon enlistment, he indicated on his Standard Form (SF) 89 (Report of Medical History) he wore glasses and had "eye trouble." While in AIT at Fort Rucker, Alabama, he was seen by an ophthalmologist for retinal holes present in the inferotemporal retina of the right eye. He was advised at the time that the holes should be sealed, but no procedure was performed. 9. The applicant's SF 600 (Chronological Record of Medical Care) shows that, in February 1968, the applicant reported to the 83rd Medical Detachment, Vinh Long, complaining of a boil on the back of his neck. On 11 February 1968, an incision and drainage (I&D) procedure was performed and a dry sterile dressing (DSD) was applied. Follow-up visits indicated the problem was resolved. 10. The applicant left Vietnam in August 1969 and reported to Hunter Army Airfield, Fort Stewart, Georgia. He was again seen for his pre-existing retinal hole. On 3 October 1969, the applicant's retinal hole in his right eye was treated at WRAMC. He was sent home on convalescent leave on 8 October 1969. 11. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against and 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 military medical personnel, and the medical treatment must have been made a matter of official record. 12. Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214. 13. Headquarters, 1st Aviation Brigade, General Orders Number 2935, dated 25 June 1969 show that the applicant was awarded the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from July 1968 to July 1969. 14. A review of the applicant's service records show no derogatory information that would disqualify him for the first award of the Good Conduct Medal. 15. Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. 16. Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal. 17. Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive Phases III, IV, and V campaigns, as well as the Tet Counteroffensive campaigns during his tour of duty in the Republic of Vietnam. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that he is entitled to award of the Purple Heart for wounds sustained in the Republic of Vietnam on two occasions. 2. Evidence of records show that the applicant's neck wound was actually a boil, or skin abscess – a localized infection deep in the skin. The boil was treated at the 83rd Medical Detachment by an I&D procedure. There is no evidence the applicant was ever wounded in the neck during the Tet Offensive of 1968. 3. There is no evidence in the records to show that the applicant was aboard a helicopter that made a "forced landing," or, if he was aboard such a helicopter, that the forced landing was caused by enemy action and not mechanical problems. In any event, the "wound" that the applicant claims – a retinal tear – was a pre-existing medical condition attributed to repeated blows to the head during the applicant's football career. This condition was first evaluated in November 1968 while the applicant was in AIT. Correction action was recommended, but deferred until October 1969. This pre-existing medical condition does not qualify for award of a Purple Heart. 4. There are no general orders that show the applicant was awarded the Purple Heart. There is no evidence in his service personnel records that show he was wounded or injured as a result of hostile action or treated for such wounds. The applicant's name is not listed on the Vietnam Casualty Roster. His neck and eye injuries were clearly not the result of hostile action. Therefore, he is not entitled to award of the Purple Heart. 5. General Orders show that the applicant was awarded the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from July 1968 to July 1969. Therefore, he is entitled to correction of his records to show this award. 6. Evidence of record confirms that the applicant served honorably during the period 30 June 1967 through 30 March 1970. Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with termination of a period of Federal military service. Therefore, he is entitled to correction of his records to show award of the Good Conduct Medal. 7. Evidence of records show the applicant was awarded the Vietnam Service Medal. Additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam. Therefore, he is entitled to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __klw___ __lmd___ __mjf___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show award of the Army Commendation Medal, the Good Conduct Medal for the period 30 June 1967 through 30 March 1970, and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the Purple Heart. Kenneth L. Wright ______________________ CHAIRPERSON INDEX CASE ID AR20070008747 SUFFIX RECON DATE BOARDED 20071106 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION (GRANT) REVIEW AUTHORITY ISSUES 1. 107.0000 2. 3. 4. 5. 6.