IN THE CASE OF: BOARD DATE: 7 December 2017 DOCKET NUMBER: AR20160004008 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR2002083192, dated 5 August 2003. 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 sustained on 31 January 1971 and b. adding the Purple Heart to his DD Form 214 for the period ending 4 January 1972. 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: 7 December 2017 DOCKET NUMBER: AR20160004008 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :QAS :ATD :LAG GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 7 December 2017 DOCKET NUMBER: AR20160004008 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 earlier request for the award of the Purple Heart for a wound sustained while serving in Vietnam. 2. The applicant states, in effect, while participating in an air combat mission in Southeast Asia, his aircraft came under intense small arms fire. a. His aircraft was hit and one of the rounds entered the cockpit next to his right leg. The round ultimately ricocheted off the left side of his seat, striking his left wrist. Upon return to his base, Captain (CPT) (Dr.) P and his staff administered medical treatment, after which he was returned to flight status. b. The issue is that there was never any paperwork submitted to the awards office in support of granting him the Purple Heart. In the process of trying to correct his military service records, he submitted letters of support as well as photographs. He was rejected twice for the award of the Purple Heart; the first time was because he did not offer any medical evidence. He sent a second request after locating his medical treatment records; this request was also denied. He is submitting this current request for reconsideration through his U.S. Senator. 3. The applicant provides: * Standard Form (SF) 600 (Chronological Record of Medical Care) showing an entry dated 31 January 1971 * photographs, purportedly of the applicant and others * letter of support, dated 24 January 2011 * correspondence addressed to his U.S. Senator, dated 30 September 2011 * DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552), dated 8 February 2010 * letter, dated 22 July 2010, from the Army Review Boards Agency (ARBA) * letter of support, dated 27 October 2002 * Record of Proceedings (ROP) for Army Board for Correction of Military Records (ABCMR) in Docket Number AR2002083192, dated 5 August 2003, with associated letter and memorandum 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 ABCMR in Docket Number AR2002083192 on 5 August 2003. 2. The applicant submitted his initial petition on 19 October 2002; his request was denied because there was no supporting medical documentation. He sent a reconsideration request on 8 February 2010, with which he included an extract from his medical records showing he received treatment for a wound/injury on 31 January 1971. The Board returned his request without action because it was not received within one year of the Board's original decision. His U.S. Senator submitted his current request, and it again includes the extract from his medical records; this new evidence warrants consideration by the Board. 3. Having had prior enlisted service, and upon completion of Rotary Wing Flight Training, the applicant was appointed as a warrant officer on 23 February 1970. He then completed AH-1G Cobra Attack Helicopter training and was sent to Vietnam. He arrived on 25 May 1970. 4. The applicant provides an SF 600, with an entry dated 31 January 1971, wherein it states: "Pt (patient) brought in after having (AK? (possibly referring to the AK-47 assault rifle)) bullet enter helicopter; missile hit Pt L (left) wrist; area around wrist bruised and red; slight laceration; area cleaned, resent tetanus toxoid (illegible), see Dr. P; Duty" "2130 – superficial wound, ulnar aspect L wrist from spent round, no limitation of motion or other evidence of (illegible)" 5. On 24 May 1971, and upon completion of his combat tour in Vietnam, the applicant was reassigned to Fort Ord, CA. He was honorably released from active duty on 4 January 1972. 6. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), as amended by a DD Form 215 (Correction of DD Form 214, Certificate of Release or Discharge from Active Duty), dated 1 June 2004, shows he completed 1 year, 10 months, and 12 days of net active service, with 1 year and 5 days of other service. His DD Form 214 does not show the award of the Purple Heart, but does reflect the following: * National Defense Service Medal * Air Medal * Vietnam Service Medal with two bronze service stars * Bronze Star Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Good Conduct Medal * Republic of Vietnam Gallantry Cross with Silver Star * Republic of Vietnam Gallantry Cross with Palm Unit Citation * two overseas service bars 7. There are no orders for the award of the Purple Heart in his available records, nor has the applicant provided a copy of such orders. 8. The Vietnam casualty roster is a listing of Vietnam-era casualties commonly used to verify entitlement to award of the Purple Heart. The applicant is not listed on this roster. 9. 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, failed to reveal any orders for the Purple Heart pertaining to the applicant. 10. The applicant provides a letter of support from his co-pilot on the flight during which the applicant was wounded/injured. Former CPT SJD affirms he and the applicant were flying in support of combat operations. While aggressively seeking the enemy, they came under ground fire; he distinctly heard the "tinny" sound of an AK-47 round penetrating the skin of the helicopter. Shortly after this, he remembers the applicant exclaimed that he had been struck in the wrist. Upon landing, they discovered the wound on the applicant's wrist, a hole in the aircraft, and the actual bullet slug under the applicant's seat. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides the Purple Heart is awarded for a wound or injury sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound or injury was the result of hostile action, the wound or injury must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. a. A wound is defined as any injury to any part of the body from an outside force or agent. A physical lesion is not required. However, the wound for which the award is made must have needed treatment, not merely examination by a medical officer or physician. Additionally, treatment of the wound will be documented in the Service member's medical or health record. b. An injury or wound caused by an enemy bullet, shrapnel, or other projectile created by enemy action would clearly justify the award of the Purple Heart. c. Examples of injuries or wounds which clearly do not justify award of the Purple Heart would include abrasions and lacerations (unless of a severity to be incapacitating) and bruises (unless caused by direct impact of the enemy weapon and if severe enough to require treatment by a medical officer). DISCUSSION: 1. The Board denied the applicant's initial request due to a lack of evidence: * his name did not appear on the Vietnam Casualty Roster * there was no evidence, either in his available service record or submitted by the applicant, that confirmed he was wounded 2. With his current request, he has submitted an extract from his medical records showing an entry that affirms, on 31 January 1971, while serving in Vietnam, he received medical treatment for a bruised and lacerated left wrist. The entry further indicates this injury resulted from a bullet (possibly from an AK-47 assault rifle) that had entered the applicant's helicopter. Based on this evidence, it appears the applicant has established he sustained a wound/injury, which was apparently the result of hostile action; it required treatment by a medical officer, and was made a matter of official record. 3. The regulation specifically shows that bruises (unless incapacitating) and lacerations (unless requiring treatment by a medical officer) do not justify the award of the Purple Heart; in this case, while the bruise/laceration was not incapacitating, the applicant received treatment from a medical officer. The regulation also states an injury caused by an enemy bullet clearly warrants the award of the Purple Heart. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160004008 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004008 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2