ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 9 May 2019 DOCKET NUMBER: AR20180014271 APPLICANT REQUESTS: * award of the Purple Heart (PH) * all medals and badges for which he qualified APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * roster of helicopter crew involved in crash, undated * address roster of 188th Assault Helicopter Company, Vietnam, dated 14 October 2008 * information paper, helicopter UH-1D, dated 11 March 2017 * disclosure authorization, Senator Joni Ernst, undated 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 AR20090013690 on 29 December 2009. 2. The applicant has provided new documentary evidence and new arguments that were not previously considered by the Board, which merit consideration at this time. 4. The applicant states: a. He knows the record is in error as he was in the helicopter crash and knows the accident was caused by enemy fire. He was completely conscious the entire time. b. His injuries were not noted in his records. The accident report did not include details that three were killed in the accident. 5. The applicant requested a review of all medals and badges authorized to be added to his DD Form 214 with an effective date of 2 February 1969. Award of the Army Good Conduct Medal (First Award), Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), are supported by sufficient evidence in the record. Therefore these items will be administratively corrected and not discussed further in this record of proceedings. 6. On 28 June 1967, the applicant was inducted into the Army of the United States. He served in Vietnam from 4 February 1968 through 29 January 1969. 7. Item 40 (Wounds) of the DA Form 20 (Enlisted Qualification Record) shows "Broken nose, minor burns, 18 September 1968." 8. His records contain no orders awarding him the PH. 9. His Standard Form 88 (Report of Medical Examination), dated 2 February 1969, conducted for the purpose of his separation, indicates: a. Under clinical evaluation for nose (item 19), upper extremities (item 35), lower extremities (item 37), and skin-lymphatics (item 40), a mark of normal. All other items are marked normal as well. b. In item 74 (summary of defects and diagnoses), normal. c. In item 77 (examinee), is marked "is qualified for separation." d. There is no indication of any medical abnormality under notes. 10. 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 Military Awards Branch, failed to reveal any orders for the PH. 11. His name is not shown on the Vietnam casualty roster. 12. He provided an unauthenticated roster of names from a helicopter crash from 24 October 1968. 13. He provided an unofficial list of names with addresses of Soldiers from the 188th Assault Helicopter Company, Vietnam. This list marks the names of several Soldiers who are indicated as killed in action on 24 October 1968. The applicant's name is marked as wounded in action on 24 October 1968. 14. He provided an internet printout of information on U.S. Army helicopter UH-1D with a tail number 66-16121, showing an incident report for this helicopter dated, 24 October 1968. 15. On 29 December 2009, the Army Board for Correction of Military Records denied his application for the PH. The Board found there was no evidence in his service personnel records that shows he was wounded or injured as a result of hostile action or treated for such wounds. 16. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It 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 a medical officer, and the medical treatment must have been made a matter of official record. The Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather, he or she is entitled to it upon meeting specific criteria. 17. 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 (Enlisted Qualification Record). This regulation further stated the date the wound or injury occurred would also be entered in item 40. BOARD DISCUSSION: After reviewing the application and all supporting evidence, the Board found that full relief was warranted. Based upon the administrative notes found by the analyst of record, in addition to the applicant’s evidence of meeting the requirements for the Purple Heart Medal, the Board determined that there is sufficient evidence to grant relief and amend ABCMR's decision in Docket Number AR20090013690 on 29 December 2009. BOARD VOTE: OARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: After review of the application and all evidence, and in addition to the administrative notes below the signature, the Board determined that there is sufficient evidence to grant relief and amend ABCMR's decision in Docket Number AR20090013690 on 29 December 2009. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding and adding the Purple Heart. 6/18/2019 X CHAIRPERSON Signed by: 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): A review of the applicant's records shows he was authorized awards not shown on his DD Form 214. As a result, amend the DD Form 214 with an effective date of 2 February 1969 by deleting the Vietnam Service Medal and adding: * Army Good Conduct Medal (First Award) * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It 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 a medical officer, and the medical treatment must have been made a matter of official record. The Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather, he or she is entitled to it upon meeting specific criteria. 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 (Enlisted Qualification Record). This regulation further stated the date the wound or injury occurred would also be entered in item 40. //NOTHING FOLLOWS//