BOARD DATE: 10 November 2015 DOCKET NUMBER: AR20150005619 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 request for award of the Purple Heart. 2. The applicant states, in effect, he has obtained additional official documentary evidence to corroborate the fact that hostile action caused the helicopter crash on 10 June 1971 that resulted in his injuries in the Republic of Vietnam (RVN). He states that he was shot down and injured while serving as the pilot of a UH-1C Gunship with the 192nd Attack Helicopter Company, Pahn Rang, RVN. 3. The applicant provides copies of the following additional documents: * Commander, 10th Combat Aviation Brigade (CAB), Dong Ba Thin (DBT), RVN, message 101200Z June 1971, subject: Army Aircraft Major Accident Crash Facts Message Report, RSC [Report Control Symbol] CSGPA-459 * Commander, 10th CAB, DBT, RVN message 180600Z June 1971, subject: Army Aircraft Combat Damage Supplemental Crash Facts Message Report, RSC CSGPA-459 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 AR20120006831 on 10 January 2013. 2. The applicant entered active duty on 19 May 1969. He served as an Army aviator and he attained the rank of captain. He served in the RVN from 8 August 1970 to 26 June 1971. He was assigned to the: * 155th Aviation Company (Assault Helicopter) from 14 August 1970 to 14 January 1971 * 192nd Aviation Company (Assault Helicopter) from 15 January 1971 to 14 June 1971 3. A review of his military service records and the available data bases failed to reveal evidence that he was authorized or awarded the Purple Heart. 4. The evidence previously provided by the applicant confirmed he was involved in a helicopter crash on 10 June 1971 in Vietnam. He suffered severe injuries that required multiple surgeries in Vietnam, Japan, and in the United States. The investigation report that would have confirmed the cause of the crash was not available for review. 5. In support of his request for reconsideration the applicant provides the following additional documentary evidence. a. Commander, 10th CAB, DBT, RVN, message 101200Z June 1971, subject: Army Aircraft Major Accident Crash Facts Message Report, RSC CSGPA-459, that shows, in pertinent part, on 10 June 1971, the applicant was seriously injured when the helicopter he was piloting crashed. It also shows the surviving crew was medically evacuated, there was a possibility that the aircraft was shot down, and that a supplemental report would be filed pending the results of an accident investigation board. b. Commander, 10th CAB, DBT, RVN message 180600Z June 1971, subject: Army Aircraft Combat Damage Supplemental Crash Facts Message Report, RSC CSGPA-459, that provided additional information pertaining to the 10 June 1971 aircraft crash. It shows, in pertinent part: * "At approximately 200 feet above ground level, the crew heard a loud bang from the vicinity of the transmission-engine area." * "Witnesses reported hearing automatic weapons fire prior to the crash and observed the gunners firing their weapons as the aircraft crashed." * "Investigation of all available witnesses, all maintenance records on the aircraft, a one-time inspection of the crash site, and other data, the investigation board concluded that the aircraft took a round of large caliber in the transmission area causing a transmission seizure which then caused the engine to fail." 6. A review of the applicant's military personnel records reveals he may be entitled to additional awards that are not shown on his DD Form 214. 7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. It shows that the 155th Aviation Company (Assault Helicopter) and the 192nd Aviation Company (Assault Helicopter) were both cited for award of the: * RVN Gallantry Cross with Palm Unit Citation for the period 15 October 1965 to 11 January 1971 in Department of the Army General Orders (DAGO) Number 6, 1974 * RVN Civil Actions Honor Medal First Class Unit Citation for the period January 1970 to December 1970 in DAGO Number 5, 1973 8. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The Vietnam Service Medal (VSM) is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star will be awarded for wear on the VSM for participation in each credited campaign. Appendix B contains a list of Vietnam Conflict campaigns. During the applicant's service in Vietnam, participation credit was awarded for the Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971). b. The Purple Heart is awarded to any member who was wounded or killed 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. Enemy-related injuries which justify the award of the Purple Heart include, in pertinent part, injury caused by vehicle or aircraft accident resulting from enemy fire. 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 AND CONCLUSIONS: 1. The evidence of record shows the applicant sustained enemy-related injuries in the RVN on 10 June 1971 caused by an aircraft accident that resulted from enemy fire, he received medical treatment for his injuries, and they were made a matter of official record. Thus, it would be appropriate at this time to correct his records to show award of the Purple Heart. 2. The evidence of record also shows: a. the applicant qualified for award of the VSM and he participated in one campaign during his service in Vietnam. Thus, he is authorized one bronze service star for wear on his already-awarded VSM; and b. DAGOs awarded the applicant's unit the: * RVN Gallantry Cross with Palm Unit Citation * RVN Civil Actions Honor Medal First Class Unit Citation 3. Therefore, it would be appropriate to correct 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) to show his awards and decorations, as recommended below. BOARD VOTE: __x______ __x______ _x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20120006831, dated 10 January 2013. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in action in the Republic of Vietnam on 10 June 1971 (Standard Name Line: CPT, 192nd Aviation Company (Assault Helicopter), 10th Combat Aviation Brigade); b. deleting from item 24 of his DD Form 214 the "Vietnam Service Medal"; and c. adding the following awards to item 24 of his DD Form 214: * Purple Heart * Vietnam Service Medal with 1 Bronze Service Star * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation _______ _ 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. ABCMR Record of Proceedings (cont) AR20150005619 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005619 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1