IN THE CASE OF: BOARD DATE: 12 October 2023 DOCKET NUMBER: AR20220010625 APPLICANT REQUESTS: to be awarded the Purple Heart. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) and Continuation * DD Form 214, certificate of Release or Discharge from Active Duty, 27 August 1991 * 2 VA Form 21-4138, Statements in Support of Claim * Narrative Summary, 21 February 1991 * Inpatient Treatment Records, Nursing Notes, Progress Notes, Consult Sheets, and other medically related documents * VA Summary of Benefits Letter FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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 a. On 22 February 1991, two days before the ground war started, his unit, A Company, 3rd Battalion, 1st Aviation Regiment, was sent on a mission by General , Commander of the 1st Armor Division, to destroy an Iraqi chemical weapons cache located in the proposed path of the 7th Army Corps on day one of the impending ground war. General met their 6 AH-64As and 12 crewmen on a hilltop prior to the mission to wish them the best. He had chosen their unit to perform the dangerous mission because he wanted to ensure that the 7th Corps had its best chance of success in the coming days on its invasion of Iraq. They made a passage of lines with the 2nd Armored Cavalry Regiment and headed 100 km into Iraq. b. When they arrived at the suspected artillery cache site, they were met immediately with anti-aircraft fire. The fire was very intense for 4 of their 6 Apache helicopters and they had to pull back from the intended battle position and get beyond the enemy's range of fire. During repositioning these 4 aircraft had to use abrupt maneuvers over the sand to keep from being hit, and this had left all four AH-64's inertial navigation systems in "free inertia." c. In the dust, helicopters collided and were grinding and slashing each other to shreds. The rotor blades were striking each other and causing showers of sparks that were causing the 70mm rockets in the tubes to go off and pieces of the blades were even going through the tents where the crew chiefs were sleeping and flattening company Humvee tires. All the aircraft had made it to the ground and all the pilots began counting off and calling condition after the collision. Everyone was accounted for except CW2 who was in the front seat of Chalk 4, one of the 2 Apache Helicopters involved in the collision. In a second, he (the applicant) left CW3 alone in the aircraft and ran into the debris field tripping over shattered rotor blade and ignoring exploding ordinance to rescue CW2 from the wreck. When he had climbed on to the wreckage, he helped him climb out of his seat. The aircraft had had its tail boom severed and it sat at a strange angle. He (the applicant) slipped off and fell into the hole dug under the airframe by the landing gear as it had pawed around under the meshing main rotors. He twisted his leg under him and had turned his ankle. Since his company had been briefed that they would be vanguard for the 1st Armor Division when it rolled into Iraq in 2 days, he was put on a UH-60 at first light to get 2 replacement AH-64s for an underground site in the United Arab Emirates (UAE). d. He flew to UAE and returned late that evening with 2 brand new Apache helicopters with his leg hurting and beginning to swell. After a little sleep and his leg hurting, they took off in the lead of the1st Armor Division's column of tanks leading 7th Corps into Iraq. They flew out in advance as the division crossed the bombed out republican guard's front lines. They flew a circuit going out an hour in advance of the column and then doubling back to fly back along the 7th Corps 's flank as protection. e. After 24 long hours at the controls, they ran out of fuel out in the middle of Iraq. They were too far away from the closest refueling points which were back far enough in the tank column to remain protected. They were too far ahead of the tanks to make it back without running out of fuel. So, they shut their helicopters down online and waited for the front tank elements to reach them. They slept on the ground under those filthy aircraft until the first tanks reached them on the morning of the second day. When they were refueled it was time to get back in the helicopters and continue to Kuwait, but his leg was too swollen to bend it and get back in the aircraft. At this moment the med-evac was called to carry him back to the M.A.S.H. to have his leg taken care of. He was taken by several units until he arrived in the Landstuhl Army Hospital in Germany to have surgery on his knee. When he woke from surgery, he was awarded the Purple Heart for his injury. He just wants it added to his military record 3. Review of the applicant’s service records shows: a. Having had prior enlisted service, he was appointed a Reserve warrant officer of the Army on 23 April 1995. He entered active duty on 4 June 1986. He completed training and held military occupational specialty 150H, AH-64 Pilot. b. He served in Southwest Asia in support of Operations Desert Shield/Storm from 22 December 1990 to 10 March 1991. c. His Narrative Summary shows he was admitted to the hospital on 27 February 1991 and discharged from the hospital on 4 March 1991. He had injured his right knee when he fell from a helicopter on 23 February 1991. Following this injury, he was unable to straighten his knee. He was evacuated to Landstuhl Regional Medical Center in Germany for further evaluation and treatment. d. An Inpatient Treatment Record Cover Sheet, dated 4 March 1991, shows the applicant was transferred from the 312th Evacuation Hospital in Saudi Arabia to Landstuhl Hospital in Germany. He fell from a helicopter on 23 February 1991. He sustained a twisting injury to the right knee. e. At Landstuhl, the applicant underwent surgery to repair a meniscal region/right lateral meniscus tear. Following surgery, he was discharged from the hospital to his unit with a recommendation of two weeks’ convalescent leave, followed by visits to Orthopedics. f. He was honorably released from active duty on 27 August 1991, after completing 5 years, 2 months, and 24 days of active service. His DD Form 214 shows he was awarded or authorized: * Army Service Ribbon * Good Conduct Medal * Overseas Service Ribbon * National Defense Service Medal * Southwest Asia Service Medal with 2 bronze service stars * Army Commendation Medal * Air Medal * Army Aviator Badge 4. There are no orders in the available service records, and the applicant does not provide orders that show he was awarded the Purple Heart. 5. To be awarded the Purple Heart, the regulatory guidance requires all elements of the award criteria to be met: there must be proof a wound was incurred as a result of enemy action, that the wound required treatment by medical personnel, and that the medical personnel made such treatment a matter of official record. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, a majority of the Board found relief is not warranted. 2. A majority of the Board found insufficient evidence indicating the applicant’s leg injury was incurred as a result of hostile action and noted that, although the applicant claims he was awarded the Purple Heart during his hospitalization, there is no documentation indicating orders were issued authorizing the award. A majority of the Board determined the evidence does not support adding the Purple Heart to the applicant’s record. 3. The member in the minority found the applicant’s account of events as confirmed by records of his hospitalization sufficient to confirm his injury met the criteria for the Purple Heart. The member in the minority determined the applicant should be awarded the Purple Heart and it should be added to his record. 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 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. REFERENCES: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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 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. b. When contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite but is not the sole justification for the award. c. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: * Injury caused by enemy bullet, shrapnel, or other projectile created by enemy action. * Injury caused by enemy-placed trap or mine. * Injury caused by enemy-released chemical, biological, or nuclear agent. * Injury caused by vehicle or aircraft accident resulting from enemy fire. * Concussion injuries caused, as a result of enemy-generated explosions. d. Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: * Accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action * Frostbite (excluding severe frostbite requiring hospitalization from 7 December 1941 to 22 August 1951). * Trench foot or immersion foot. * Heat stroke. * Food poisoning not caused by enemy agents. * Chemical, biological, or nuclear agents not released by the enemy. * Battle fatigue. * Disease not directly caused by enemy agents. * Self-inflicted wounds, except when in the heat of battle and not involving gross negligence. * Post-traumatic stress disorders. * Airborne (for example, parachute/jump) injuries not caused by enemy action. * Hearing loss and tinnitus (for example: ringing in the ears). * Mild traumatic brain injury or concussions that do not either result in loss of consciousness or restriction from full duty for a period greater than 48 hours due to persistent signs, symptoms, or physical finding of impaired brain function. * Abrasions and lacerations (unless of a severity to be incapacitating). * Bruises (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer) * Soft tissue injuries (for example, ligament, tendon or muscle strains, sprains, and so forth). * First degree burns. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220010625 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1