ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 May 2019 DOCKET NUMBER: AR20180013688 APPLICANT REQUESTS: award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Daily Staff Journal or Duty Officer’s Log * Distinguished Flying Cross Citation for Chief Warrant Officer CEQ * Casualty Log * DA Form 8-275-3 (Clinical Record Cover Sheet) (2) * DD Form 640 (Nursing Notes) * Standard Form 502 (Clinical Record – Narrative Summary) * Standard Form 509 (Clinical Record – Doctor's Progress Notes) * Standard Form 504 (Clinical Record – History – Part I) * Letter, US Army Human Resources Command, Awards and Decorations Branch, dated 23 February 2012 * Letter, US Army Human Resources Command, Awards and Decorations Branch, dated 17 December 2014 * Letter, US Army Human Resources Command, Awards and Decorations Branch, dated, 13 June 2018 * DD Form 215 (Correction to DD Form 214) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states on 13 August 1970 he was serving with Headquarters and Headquarters Company, 196th Infantry Brigade as the crew chief/gunner on a light observation helicopter. a. They were on an emergency resupply mission and a mission to complete a visual reconnaissance mission of the area. A friendly force came under assault by a superior North Vietnamese Army force. The pilot and he responded by providing covering fire and began extracting casualties. The enemy fire was heavy and increased in volume each time they returned for casualties (they returned three times). As a result of the intense fire, the ship suffered catastrophic engine failure and crashed. b. Performing the role of door gunner he was standing on the skids firing at the enemy combatants. The safety strap connecting his harness to the ship was severed by the gunfire along with the violent convulsions of the ship. He was thrown to the ground. He regained consciousness as two combat medics pulled him to the relative safety of their triage area and began rendering first aid to his laceration and contusions. As the area was still "hot," he could not be evacuated until airstrikes were called in and the area was stable. He was then loaded on a medical evacuation aircraft with other casualties and sent to a forward aid station at Landing Zone Mary Ann where treatment was continued and he was stabilized for transport to the 27th Surgical Hospital as the lacerations were extensive and his back was a mess. After convalescing, he returned to duty and finished his tour. c. The injuries he suffered were the direct result of the enemy fire and the destruction of their ship as the result of the same enemy gunfire. He believes his record needs to accurately reflect this and he should be awarded the Purple Heart for the wounds and back injury he received. The record is unjust as he has not been awarded the Purple Heart that he paid for with his blood and past injuries. When he was young, this award did not seem important, and he neglected to apply for a correction. He is older and proud of his service and wants his children to know he made a great commitment to his country. 3. On 29 April 1971, the applicant was inducted in the Army of the United States. 4. His records show he was assigned to Headquarters and Headquarters Company, 196th Infantry Brigade, in Vietnam from 10 June 1970 to 24 March 1971. He performed duty as a UH-1 helicopter repairer. 5. He provided a Daily Staff Journal or Duty Officer’s Log for 13 August 1970. At 1138 hours, a light observation helicopter had loss of power and crashed. Air support was called in as were aircraft to extract personnel. At 1250 hours, the exterior door gunners were extracted and personnel were transported to Landing Zone Mary Ann and some personnel were transported to Chu Lai for x-rays. Three personnel were wounded in action. 6. He provided a Casualty Log dated 13 August 1970, and his name is listed with a laceration to the right side of his buttocks. 7. He provided medical records showing he was admitted to the 27th Surgical Hospital on 13 August 1970 with a diagnosis of a laceration of the left hip. These records show he received injuries when he was thrown from a helicopter after crashing. 8. He provides a Distinguished Flying Cross Citation for Chief Warrant Officer CEQ. The warrant officer received the award for his actions on 13 August 1970 while serving as a pilot of a light observation helicopter with Headquarters and Headquarters Company, 196th Infantry Brigade. He was conducting a visual reconnaissance mission when a friendly ground element was assaulted by a large enemy force. Arriving on station, the warrant officer unhesitatingly utilized his ship to complete the evacuation of several friendly soldiers wounded in the initial skirmish. With complete disregard for his personal safety, he repeatedly braved the devastating enemy fusillade in order to land near the friendly ground unit several times to complete the extraction of all of the casualties. Ignoring the personal danger involved, the warrant officer voluntarily returned to the area of contact despite the extensive battle damage to his helicopter to evacuate the equipment and weapons of the wounded Soldiers. Displaying outstanding flying skill, he adroitly maneuvered his aircraft to avoid the concentrations of hostile fire until his ship was forced down by a malfunction of the power system. 9. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he incurred a laceration of his hip on 13 August 1969. Item 41 (Awards and Decorations) does not show he was awarded the Purple Heart. 10. On 29 March 1971, the applicant was honorably released from active duty. His DD Form 214, as corrected by a DD Form 215, does not show he was awarded the Purple Heart. 11. The Awards and Decorations Branch, U.S. Army Human Resources Command, in letters dated 23 February 2012, 17 December 2014, and 13 June 2018, stated they were unable to authorize award of the Purple Heart in the applicant's case. In the most recent letter, the Awards and Decorations Branch advised a United States Senator they were unable to directly attribute his injury or the helicopter crash to a specific action by the enemy. The Awards and Decorations Branch noted they had reviewed the case of other Soldiers (i.e., the pilot and battalion commander) who had participate in the aerial mission and noted their award citations were consistent in citing power failure as the cause for the crash. They also noted the battalion commander's injury on the date in question was recorded as "non-hostile wounded." 12. Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 (wounds) of the DA Form 20. This regulation further stated that the date the wound or injury occurred would also be placed in item 40. 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. The Purple Heart may be awarded for injury caused by a vehicle or aircraft accident resulting from enemy fire. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documentation and evidence in the record. The Board considered the casualty log, clinical records, the Duty Log, the pilot’s DFC citation, the DA 20 and the applicant’s statement. The Board determined that he was injured during combat operations; that the accident occurred as a result of enemy fire and as a result, by preponderance of evidence, he is entitled to the Purple Heart. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for full relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: - Awarding him the Purple Heart for wounds received on 13 August 1970 and, - amending his DD Form 214 for the period ending 29 March 1971 by adding the Purple Heart. 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: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 (wounds) of the DA Form 20. This regulation further stated that the date the wound or injury occurred would also be placed in item 40. 3. 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. The Purple Heart may be awarded for injury caused by a vehicle or aircraft accident resulting from enemy fire. ABCMR Record of Proceedings (cont) AR20180013688 0 5 1