ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 August 2019 DOCKET NUMBER: AR20170015289 APPLICANT REQUESTS: reconsideration of his earlier requests for award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * Self-Authored Statement * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * DD Form 215 (Correction to DD Form 214) * Army Board for Correction of Military Records (ABCMR) Record of Proceedings, dated 13 April 2017 FACTS: 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 AR20130011981 on 10 April 2014, Docket Number AR20140017081 on 12 May 2015, and Docket Number AR20150016786 on 13 April 2017. 2. The applicant states he is disappointed after reading the previous ABCMR decisions regarding his request for the correction of his military records pertaining to his honorable service flying combat helicopter missions in the Vietnam War. His biggest concern is not the denial of his request based on medical records and eye witness testimony, but that the record disseminates and validates incorrect, incomplete, falsely reported misinformation. a. He understands that the decision of the ABCMR is final, however, he would appreciate it if much needed clarification and correction be made to his record so as to provide correct information in his records. There are several instances in which incorrect or misleading information is included based on poorly recorded, often missing records from his military service into the written decision. b. The record of his combat decorations and awards is incorrect. It took him years to correct this and it is a slap in his face restating the incomplete record. He asks that the record be corrected to show the following awards as documented on his DD Form 215: * Air Medal with Numeral 36 * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation c. The non-awarding of much-deserved combat ribbons and awards was widespread and typical in Vietnam. He is not the exception. Many who served in Vietnam were not “career military.” At the time, things like the proper recognition of their service was not a priority to them or their commanders. 3. A review of the applicant’s service records shows: a. He enlisted in the Regular Army on 3 March 1969. He was discharged to accept appointment as a warrant officer on 8 March 1970. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal. b. He was appointed as a warrant officer in the U.S. Army Reserve on 9 March 1970. c. He served in Vietnam from 15 April 1970 to 3 April 1971. d. He was honorably released from active duty on 15 April 1971. His DD Form 214, as amended by his DD Form 215, shows he completed 1 year, 2 months, and 7 days of active service. It also shows he was awarded or authorized: * National Defense Service Medal * Army Aviation Badge * Good Conduct Medal * Vietnam Service Medal with three bronze service stars * Air Medal with numeral 36 * Vietnam Campaign Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 4. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding him the Purple Heart, and his name does not appear on the Vietnam Casualty Roster. 5. By regulation, the criteria for an award of 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 personnel, and the medical treatment must have been made a matter of official record. BOARD DISCUSSION: Per the regulatory guidance on awarding the Purple Heart, the applicant must provide or have in his service records substantiating evidence to verify that he was injured, 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. After reviewing the application and all supporting documents, the Board found insufficient medical evidence to show the applicant was involved in direct combat with an armed enemy and was injured as part of that engagement with the enemy which would meet the regulatory standard for the Purple Heart and thus recommended denying the request. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION 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. 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. REFERENCE: Army Regulation 600-8-22 (Military Awards) provides Army policy, criteria, and administrative instructions concerning individual military decorations. It states the Purple Heart is awarded in the name of the President of the United States and is limited to members of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed services after 5 April 1917, have been wounded, were killed, or who have died or may hereafter die of wounds received under some of the following circumstances; • In any action against an enemy of the United States • In any action with an opposing armed force of a foreign country in which the Armed Forces of the U.S. are or have been engaged • While serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the U.S. is not a belligerent party. • As the result of an act of any such enemy of opposing Armed Forces • As the result of an act of any hostile foreign force //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170015289 4 1