BOARD DATE: 20 April 2017 DOCKET NUMBER: AR20150017965 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: 20 April 2017 DOCKET NUMBER: AR20150017965 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 to amend the decision of the ABCMR set forth in Docket Number AR20050010459 on 22 February 2005. ______________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: 20 April 2017 DOCKET NUMBER: AR20150017965 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 a prior request to correct his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal (ARCOM) with "V" Device and the Purple Heart (PH). 2. The applicant states he believes “all aboard was awarded.” 3. The applicant provides: * a proposed citation for the ARCOM with "V" Device (2 copies) * a self-authored statement (2 copies) * Department of Veterans Affairs (VA) rating decision, undated (2 copies of page 2) 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 AR20050010459 on 22 February 2005. 2. The applicant provides new evidence, which warrants consideration by the Board. 3. Having prior service, the applicant enlisted in the Regular Army on 23 August 1968. 4. His DA Form 20 (Enlisted Qualification Report) shows: a. He was assigned to the Republic of Vietnam from 12 February 1969 through 10 February 1970, and during this assignment he served with the 57th Aviation Company (Air Mobile) as a Machine Gunner and Crew Chief from 20 February 1969 to 8 February 1970. b. On 24 March 1970, he was assigned to the 141st Military Police Company, Fort Rucker, AL, as a Clerk Typist. c. Item 40 (Wounds) of his DA Form 20 is blank and item 41 (Awards and Decorations) does not show award of the ARCOM with "V" Device or the PH. 5. The applicant's record contains: a. USARV (U.S. Army Vietnam) Form 157-R (Recommendation for Decoration for Valor or Merit) in which the applicant's commander recommended him for award of the ARCOM with "V" Device. The commander signed the recommendation; however, there is no indication the recommendation went any further as item 21 (Recommendation of Thru Command) is unsigned. b. A proposed citation for the ARCOM with "V" Device for heroism in connection with military operations against a hostile force on 1 April 1969. c. An eyewitness statement from the pilot of the UH-1H helicopter involved in the applicant's claim; however, there is no mention of the applicant receiving an enemy wound or injury. d. 1st Indorsement, dated 18 July 1969, in which the Executive Officer, Headquarters, 52nd Combat Aviation Battalion recommended approval. e. DA Form 2496 (Disposition Form) which states the applicant underwent a physical examination on 7 June 1971 which determined his PULHES physical profile as all "1," which placed him in physical category "A." 6. The applicant was honorably released from active duty on 20 August 1971. He completed a total of 2 years, 11 months, and 28 days of active military service. His DD Form 214 lists the following awards: * National Defense Service Medal * Aircraft Crewman Badge * Vietnam Service Medal * Air Medal (1st Award) * Republic of Vietnam Campaign Medal with Device (1960) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 7. The applicant's record contains a DD Form 215 (Correction to DD Form 214), dated 29 June 2006 which shows the Vietnam Service Medal was deleted and the following awards were added: * Vietnam Service Medal with 4 bronze service stars * Army Good Conduct Medal * ARCOM (2nd Award) * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation 8. The applicant's record does not contain evidence to show he received wounds or treatment for wounds as a result of hostile enemy action. 9. 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. 10. 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 orders awarding him the ARCOM with "V" Device or the PH. 11. The applicant provides: a. A proposed citation for award of the ARCOM with "V" Device for heroism in connection with military operations against a hostile force. It states, in effect, while serving as a door gunner of a UH-1H helicopter on 1 April 1969, during a classified mission in the Republic of Vietnam, the aircraft came under intense enemy small arms and heavy automatic weapons fire. The aircraft received several .50 caliber rounds causing the aircraft to crash in the dense enemy infested jungle. When the aircraft came to a halt, the applicant made his way to the engine compartment with the fire extinguisher. He sprayed the engine thereby minimizing the hazard resulting from a ruptured fuel cell. Realizing that he and the other crewmembers were the target of enemy fire, he returned to his M-60 machine gun, established a defensive position, and placed suppressive fire on the enemy position. He then aided his fellow crewmembers into the McGuire rigs attached to the rescue ship and insured their safe extraction. As the result of his courage and quick thinking, the entire crew was rescued from the downed helicopter. b. An undated self-authored statement, which appears to be in response to a previous VA claim in which the applicant recounts the events of 1 April 1969. After being extracted from the enemy jungle, the applicant states he was peeing blood and he was sent to the Pleiku Hospital for back, neck, kidney, and liver injuries. He was sent back to Kontum under his local physicians care. He claims he could barely get out of bed for over 2 weeks and crawled to the bunker outside when the base was attacked with rockets or mortars. c. Page 2 of an undated VA rating decision which shows he received service connection for post-traumatic stress disorder with major depressive disorder, a compression fracture of the C5-C-6, lumbosacral strain, and left leg radiculopathy based on his claim received on 13 June 2014. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The bronze "V" Device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with award of the ARCOM, Air Medal, and the Bronze Star Medal. Although more than one award of the ARCOM, Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one "V" Device may be worn on these medals. c. The PH 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. 2. Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion. It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation. Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration. 3. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency: Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor. DISCUSSION: 1. The applicant's honorable service and the sincerity of his request are not in question. However, the governing Army regulation states that for personal decorations, including the ARCOM with "V" Device, formal recommendation, approval through the chain of command and an announcement of orders are required. A recommendation to deny relief will in no way affect his right to pursue his claim for the Bronze Star Medal by submitting a request to HRC through his Member of Congress under the provisions of 10 USC 1130. 2. The criteria for an award of the PH requires the submission of substantiating evidence to verify that an 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. 3. In this case, the evidence of record appears to show the applicant was involved in an incident that resulted in a downed helicopter and an aerial jungle extraction from hostile forces. However, his official military record does not contain any medical treatment records or other documentation confirming he was wounded, let alone wounded as a result 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 PH. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017965 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017965 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2