IN THE CASE OF: BOARD DATE: 4 October 2016 DOCKET NUMBER: AR20150014409 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 IN THE CASE OF: BOARD DATE: 4 October 2016 DOCKET NUMBER: AR20150014409 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. IN THE CASE OF: BOARD DATE: 4 October 2016 DOCKET NUMBER: AR20150014409 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 his helicopter was shot down on 18 September 1968 while flying a mission in the Republic of Vietnam with Company B, 229th Aviation Battalion. He was medically evacuated to Japan and later Chelsea, MA. He spoke with the crew chief in the hospital and they both felt that a rocket-propelled grenade hit the helicopter. 3. The applicant provides no additional evidence. 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 enlisted in the Regular Army on 25 April 1967. On 3 June 1968, he was discharged to accept a warrant officer appointment. 3. General Orders Number 12438, issued by Headquarters, 1st Air Cavalry Division, dated 16 September 1968, awarded the applicant the Purple Heart. However, General Orders Number 339, issued by Headquarters, 1st Air Cavalry Division, dated 7 January 1969, revoked the applicant's award of the Purple Heart. 4. His record contains a DA Form 759 (Individual Flight Record and Flight Certificate – Army) for the period covering July through September 1968. Item 24 (Remarks) states on 16 September 1968, while serving as the 1st Pilot of a UH-1 helicopter on a Lightning Bug Mission, the applicant's aircraft crashed and burned. The aircraft was destroyed and the gunner and one passenger were killed. The applicant and others were medically evacuated. An accident board found the Aircraft Commander failed to recover from a descending turn and that the Aircraft Commander had flown 12.6 hours prior to the accident and was in no condition, mentally or physically, to be flying such a mission. 5. His DD Form 214 (Report of Separation from Active Duty) for the period ending on 5 January 1977 shows he served in the Republic of Vietnam from 3 July to 27 September 1968 and from 23 August 1970 to 22 August 1971, as a UH-1 Pilot. Item 28 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show award of the Purple Heart. 6. His record does not contain any evidence to indicate he received treatment for a combat-related wound or injury while serving in the Republic of Vietnam or at any other time during his active duty service. 7. During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty roster. The applicant's name is not included on this roster. 8. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders awarding him the Purple Heart. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against an 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 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 mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions. b. Examples of injuries or wounds which clearly do not justify award of the Purple Heart include accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action. DISCUSSION: 1. The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury or wound was the result of hostile action, the injury or wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. 2. In this case, the evidence of record shows the applicant was involved in a helicopter accident that occurred because the Aircraft Commander failed to recover from a descending turn, not because of hostile enemy action. 3. The applicant's service record is void of any evidence that shows he was wounded because of enemy action. In addition, his name is not on the Vietnam casualty listing and there is no evidence that confirms he was wounded under circumstances described in the criteria for 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) AR20150014409 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014409 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2