IN THE CASE OF:. BOARD DATE: 1 December 2022 DOCKET NUMBER: AR20220005791 APPLICANT REQUESTS: reconsideration of his previous request for entitlement to the Purple Heart (PH) and award of the Bronze Star Medal with "V" Device. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Letter Orders Number 10-1218400, 6 October 1971 * Letter, Department of Veterans Affairs (VA), 3 July 1997 * DA Form 1577 (Authorization for Issuance of Awards), 1 November 2017 * VA Rating Decision, page 1, 3 March 2014 * Letter, VA, 19 March 2014 * Letter, Readjustment Counselor, VetCenter, 27 October 1998 * Statement of Support, undated * DA 31 (Request and Authority for Leave), 31 July 1970 * 4-page Self-Authored Statement with Drawings * Letter, U.S. Army & Joint Services Environmental Support Group, 6 March 1987 * Letter, 61st Assault Helicopter Company, 30 December 1970 * Two 1-page newspaper articles * Letter, Member of Congress (MOC), 6 November 2018 * Letter, MOC, 10 February 2015 * 13 Photographs with captions * 1st Aviation Brigade, "Vietnam Combat Certificate" 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 AR20150001196 on 1 September 2015. 2. The applicant provides new evidence or argument, which warrants consideration by the Board. 3. The applicant states, in effect, he should receive the Bronze Star Medal with "V" Device for flying with the Golden Hawks and taking Soldiers in and out of secret assault missions in Laos and Cambodia. 4. The applicant enlisted in the Regular Army on 20 October 1969. He completed initial entry training and he was awarded military occupational specialty 68G (Aircraft Components Repairer Apprentice). 5. Evidence shows he served in the Republic of Vietnam from 9 July 1970 to 7 July 1971, with the 61st Aviation Company (Assault Helicopter). 6. On 8 July 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve. The DD Form 214 he was issued shows he served 1 year, 8 months and 19 days of total active service and he was awarded or authorized the: * Army Commendation Medal * National Defense Service Medal * Vietnam Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * two overseas service bars 7. On 1 September 2015, the Board granted him partial relief in relation to some service awards and badges, however, the Board denied award of the PH and the BSM. The Board stated: a. There is no evidence in his military records that indicates he was treated for a combat-related wound. His name is not listed on the Vietnam casualty roster. The governing regulation requires that substantiating evidence must be provided to verify that the injury was the result of hostile action, that the injury required treatment by medical personnel, and that the medical treatment must have been made a matter of official record. In the absence of such evidence, his personal statement is insufficient evidence on which to base awarding the Purple Heart and/or correcting his DD Form 214 to show this award. b. There are no orders or any other evidence indicating he was awarded the Bronze Star Medal with "V" Device. Therefore, there is no basis to correct his DD Form 214 to show this award. While the available evidence is insufficient for correcting his DD Form 214 to show he was awarded the Bronze Star Medal with "V" Device, this in no way affects his right to pursue his claim for this award by submitting a request through his Member of Congress under the provisions of 10 USC section 1130. 8. On 5 November 2015, as a result of the Board’s decision, his DD Form 214 was corrected by DD Form 215 (Correction to DD Form 214) by deleting the Vietnam Service Medal and adding the: * Vietnam Service Medal with 2 bronze service stars * Army Good Conduct Medal * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation 9. A review of his records did not yield general orders awarding him the PH or Bronze Star Medal with "V" Device. Additionally: a. His name is not shown on the Vietnam casualty roster as having sustained an injury as a result of hostile action. b. 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 orders for the PH or Bronze Star Medal with "V" Device for the applicant. 10. The applicant provides: a. A 1st Aviation Brigade "Vietnam Combat Certificate" which states the applicant served in combat as a member of the Golden Hawks from 13 July 1970 to 5 July 1971. b. Two partial letters from the VA dated March 2014, which indicate presumptive service connection based on the association between exposure to herbicides used in the Republic of Vietnam during the Vietnam era and the subsequent development of various conditions. c. A letter from a readjustment counselor dated 27 October 1998, which notes the applicant's severe stress due to the effects of combat trauma in Vietnam. The counselor states the applicant suffers from Post-Traumatic Stress Disorder (PTSD), delayed onset, chronic and severe. d. An undated statement of support from a Soldier who served with the applicant in the Republic of Vietnam as a medic. He states, in effect, that he pulled guard duty the first week of August 1970, when their area was attacked. He claims following the attack, he witnessed the applicant helping another Soldier. The applicant had blood all over his face and hands and stated that he had bad pain in his chest and that his head felt like it was going to explode. When he saw the applicant a week later, he was still complaining about his rib cage and headaches. e. A 4-page narrative with sketches presumably describing the events during the first week of August 1970, when his location was attacked while he performed guard duty. The applicant states, in effect, at the infirmary, there were two Soldiers who treated him and cleaned up the blood. He states he received six stiches in his left hand and about 16 in his right hand. They bandaged his rib cage and patched up his head. He received pain pills and was told he should receive the PH. For the next three weeks he had constant pain in his rib cage and headaches. He never received an x-ray or the PH. f. A history of the 61st Assault Helicopter Company dated 30 December 1970. The applicant appears to highlight an August 1970 entry which states, "On the 5th of this month a UH-1H of the 61st sustained 5 hits from automatic weapons fire, WO1 was wounded in the leg by fragments from a round coming through the console. Despite sever vibrations the aircraft was successfully flown to a friendly LZ nearby. This month also, Lane AHP was mortared for the first time since 1967. The 61st sustained no damage from the attack. The majority of the support for the 173rd was that of pacification operations." g. An article authored by the applicant saluting veterans. h. Congressional correspondence informing the applicant of the ABCMR's decision and that he may reconsider his application if he were able to provide supporting materials not previously presented or considered. i. 13 photographs, some with captions of the field environment. One of the photographs is of an arm with noticeable abrasions. j. An undated article in which the applicant appears to highlight paragraphs stating a UH 1 carrier was shot down killing three Americans and wounding one. As U.S. forces struck back, two more Americans were killed and nine wounded. 11. The PH is awarded to members of the Armed Forces of the United States who, while serving under the authority with any of the U.S. Armed Services, have been wounded, were killed, or who have died or may hereafter die of wounds received as a result of hostile enemy action. The wound, injury, or death must have been the result of hostile enemy action; the wound or injury must have required treatment, not merely examination, by a medical officer or a medical professional; and treatment of the wound must be documented in the Service member's medical and/or health record. Examples of enemy-related injuries which clearly justify award of the PH are injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy-placed mine or trap; and concussion injuries caused as a result of enemy- generated explosions. Examples of injuries or wounds which clearly do not justify award of the PH are frostbite or trench foot injuries, battle fatigue, accidental wounding not related to or caused by enemy action, and PTSD. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. 2. The Board found no evidence in the available service records indicating the applicant was wounded as a result of hostile action during his period of military service. The Board determined the evidence does not confirm the applicant’s entitlement to the Purple Heart. 3. The Board further found no evidence indicating the applicant was recommended for or awarded the Bronze Star Medal with "V" Device during his period of military service. The Board determined the available evidence is insufficient as a basis for awarding him this medal or adding it to his record. 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 that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20150001196 on 1 September 2015. 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. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The PH is awarded to members of the Armed Forces of the United States who, while serving under the authority with any of the U.S. Armed Services, have been wounded, were killed, or who have died or may hereafter die of wounds received as a result of hostile enemy action. The wound, injury, or death must have been the result of hostile enemy action; the wound or injury must have required treatment, not merely examination, by a medical officer or a medical professional; and treatment of the wound must be documented in the Service member's medical and/or health record. Examples of enemy-related injuries which clearly justify award of the PH are injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy-placed mine or trap; and concussion injuries caused as a result of enemy- generated explosions. Examples of injuries or wounds which clearly do not justify award of the PH are frostbite or trench foot injuries, battle fatigue, accidental wounding not related to or caused by enemy action, and PTSD. b. The Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Armed Forces of the United States or a friendly foreign nation after 6 December 1941, distinguished himself or herself by heroic or meritorious achievement or service not involving participation in aerial flight, in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. Awards may be made for acts of heroism performed under circumstances described above which are of lesser degree than required for the award of the Silver Star. When the Bronze Star Medal is awarded for heroism, a bronze letter "V" (for valor) is worn on the suspension and service ribbon of that medal. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 2. Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion. It allows, in effect, that upon the request of a MOC, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation. Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration. 3. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a MOC to the Secretary of the Army at the following agency: Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor. 4. 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. The ABCMR considers individual applications that are properly brought before it. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220005791 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1