BOARD DATE: 11 July 2018 DOCKET NUMBER: AR20160014355 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: 11 July 2018 DOCKET NUMBER: AR20160014355 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. BOARD DATE: 11 July 2018 DOCKET NUMBER: AR20160014355 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 previous request for the Purple Heart. 2. The applicant states he was the sole survivor of a helicopter that was shot down. He was eventually evacuated to [Letterman General Hospital] San Francisco, California. He has been trying to get the Purple Heart since 28 December 1995. He believes his Purple Heart was overlooked. 3. The applicant provides – * personal letter dated 2 November 1993 * letter dated 28 December 1995 * numerous pages from his military medical records 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 AC95-06163 on 27 November 1996 and ABCMR Docket Number AR20110001254 on 2 June 2011. 2. On 19 September 1967 the applicant was inducted into the Army of the United States. He received training and was awarded military occupational specialty 64A (Light Wheeled Vehicle Driver). 3. He served in the Republic of Vietnam from 7 March 1968 to 23 December 1968. He was assigned to 625th Supply and Services Company. 4. Per his medical records, he was injured on 6 October 1968 during a helicopter crash. There is no information in his record showing the helicopter crash was the direct result of enemy actions. A summary of his official military medical records and the medical records he provided shows he sustained a concussion and multiple contusions and abrasions immediately following the crash. a. On 18 October 1968 he was admitted to the 95th Evacuation Hospital and treated for pneumothoraxes of both lungs [accumulation of air or gas in the pleural cavity, occurring as a result of disease or injury]. A chest tube was inserted. The medical doctor wrote the pneumothoraxes was not suggestive of contusion. Laboratory results showed he had diplococcus pneumonia. b. On 14 November 1968 a medical doctor after examination questioned whether the applicant had chronic fibrotic pulmonary disease. c. On 18 December 1968 medical personnel at 249th General Hospital prepared a clinical record showing his diagnoses included blunt force trauma to his right arm and chest with no nerve or artery involvement. Further, he had pneumothorax in his right lung, melioidiosis [infectious disease] and tonsillitis. d. On 6 February 1969 his diagnosis remained pulmonary melioidosis. e. On 4 August 1969 a medical doctor summarized the applicant's medical diagnoses stating the applicant developed bilateral infiltrates that were discovered in October 1968, "following a helicopter accident." 5. On 18 September 1969 he was honorably released from active duty and transferred to the U.S. Army Reserve. He was issued a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) showing he served 2 years on active duty. His discharge document does not include the Purple Heart as an authorized award. 6. There is no evidence of record in several typical sources showing he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart: a. item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show a combat wound or injury and item 41 (Awards and Decorations) of this form does not list the Purple Heart as an authorized award. b. his name is not shown on the Vietnam casualty roster, a compilation of most of those who were wounded by enemy action in Vietnam, that is commonly used to verify eligibility for the Purple Heart. c. a review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders showing he was awarded the Purple Heart. 7. On 27 November 1996 the ABCMR considered the applicant's first request for the Purple Heart in Docket Number AC95-06163. The Board determined his application was not submitted within the 3-year statutory period and was subsequently denied. 8. He reapplied to this Board and on 2 June 2011 his second request for the Purple Heart was administratively closed based on guidance in effect at the time of his application. The ABCMR Docket Number was AR20110001254. 9. The applicant provided the following evidence in support of his application: a. a personal letter, dated 2 November 1993, wherein he states he was injured in a helicopter crash and then transferred to a hospital in Japan. He was told he was shot down and that everyone else in the helicopter did not survive. His health was in bad condition, but he wanted to get well and return to his unit. (1) He is appreciative and understands how awarding him the Purple Heart was administratively overlooked. (2) In 1969 he returned to the continental United States and was stationed at Fort McArthur to finish his enlistment. He was honorably discharged. (3) He returned to his parents’ home and continued his education. (4) His sister thought he should receive the Purple Heart, but then their mother became critically ill and he did not pursue the Purple Heart. (5) Later his sister wrote their Congressman and sought help at the Department of Veterans Administration (VA) with no success. (6) His sister eventually called the White House who in turn sent her to another office. No one ever told him he had to apply for his medals. He also was unaware of the special form and award process. (7) He knows he was shot down in the Republic of Vietnam and received medical treatment in 1986. b. a letter from the ABCMR, dated 25 December 1995, to the applicant's sister wherein it is acknowledged his sister called the White House reference his Purple Heart. The ABCMR official acknowledged the applicant had an open application at the Board. Further the official stated an initial review of the applicant’s military records "failed to indicate he was wounded in action." c. the medical records he provided as evidence are also filed in his official military medical record and were previously discussed in this record of proceedings. Each medical provider restates he was in a helicopter crash on 6 August 1968. His record does not contain evidence showing how the crash happened whether by enemy forces or an accidental crash. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify 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. When contemplating the Purple Heart, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award. One example of enemy related injuries that clearly justify award of the Purple Heart is an injury caused by vehicle or aircraft accident resulting from enemy fire. Examples of incidents that do not warrant award of the Purple Heart include accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action. 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR pursuant to Title 10, U.S. Code, section 1552. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The criteria for the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. 2. The absence of orders necessitates a review of other sources or evidence to support the applicant's contention he was wounded in a helicopter crash that, in effect, was caused by enemy forces. There is no evidence to show the helicopter crash was the direct or indirect result of enemy action. 3. The medical evidence shows he received treatment and was medically evacuated out of the Republic of Vietnam due to pneumothorax in his right lung, melioidiosis and tonsillitis. A medical doctor opined during his examination that these conditions were not a result of the helicopter crash. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160014355 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014355 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2