ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 4 April 2019 DOCKET NUMBER: AR20180007011 APPLICANT REQUESTS: Reconsideration of his previous request for award of the Purple Heart (PH). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * U.S Army Vietnam Form 131 (Aircraft Flight Mission Card), undated * General Orders 1446, Headquarters, 1st Aviation Brigade, Vietnam, 25 March 1968 * email, Lieutenant Colonel (LTC) (Retired)I, dated 27 March 2018 FACTS: 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 AR20080016691 on 30 December 2008. 2. The applicant provided new arguments that were not previously considered by the Board, which merit consideration at this time: 3. The applicant states: a. He was not awarded the PH after being wounded in combat. b. He was flying in a helicopter as a door gunner and was wounded by shrapnel in his leg. He was treated at the hospital in Cu Chi, Vietnam, on 16 February 1968. He was accompanied by LTC who was also wounded. 4. He was inducted into the Army of the United States on 17 August 1967. 5. He served in Vietnam from 17 January 1968 through 9 November 1968. 6. He provided U.S. Army Vietnam Form 131 (Missions ADJ Totals), showing the flight data for then 1LT . This card is only partially legible. However, it shows the flight records, including aircraft type, hours, and missions, from 15 February XXXX through 11 March XXXX, with the duty unit 187th [unit name not on card]. 7. He provided General Orders Number 1646, Headquarters, 1st Aviation Brigade, Vietnam, dated 25 March 1968, showing the PH was awarded to 1LT for wounds received in connection with military operations against a hostile force, while assigned to Signal Corps, U.S. Army, 187th Assault Helicopter Company, Vietnam. 8. He provided an email sent to him from LTC (Retired) I, U.S. Army, dated 27 March 2018; containing a short narrative of an enemy fire incident on 16 February 1968, in a helicopter in which he was riding, a. "[Applicant] was the door gunner on our a/c [aircraft] when [it was] shot down on the 16th of February, XXXX. He was the gunner on the left side of the cargo compartment that took a [Viet Cong] round in the receiver of the M-60 machine gun. This was one of the 23 holes found in the [aircraft] when I visited it in the bone-yard at Cu Chi several days later and found the book that I had been reading (Michener's 'The Source')." b. "[Applicant] and I were transported to the hospital at Cu Chi for wounds received. He has brought it to my attention that he has never received a Purple Heart. At that time, he was not assigned to the 187th, but was on temporary "in-country training" with us. 9. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows no entries. 10. On 20 June XXXX, he was released from active duty and transferred to the U.S Army Reserve Control Group for annual training. His DD Form 214 does not show the award of the PH. 11. On 30 December 2008, the Army Board for Correction of Military Records denied his request for award of the PH. The Board found there were no general orders showing he was awarded the PH, and no evidence in his service record showing he was wounded or injured as a result of hostile action or treated for such wounds. 12. His name is not shown on the Department of the Army Office of the Adjutant General Casualty Division Casualty Reference Name Listing for the period 1 January 1961 through 30 June 1973, a battle and non-battle listing of Soldiers who were killed, wounded, sick, captured, or missing during their service in Vietnam. 13. Army Regulation 600-8-22 (Military Awards) states 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. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The applicant’s contentions and witness statement were carefully considered. The witness statement provided from the retired Soldier who received the Purple Heart resulting from the same incident was inadequate for two Board members. The statement did not convince them he was injured by enemy forces and his wounds required medical care. The dissenting member concluded the one statement as sufficient without any other evidence. Based upon the majority vote, the Board determined the applicant’s incident does not meet regulatory criteria entitling him to the Purple Heart. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : :X : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :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 to amend the decision of the ABCMR set forth in Docket Number AR20080016691 on 30 December 2008. 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: Army Regulation 600-8-22 (Military Awards) states 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180007011 2 1