IN THE CASE OF: BOARD DATE: 18 January 2011 DOCKET NUMBER: AR20100015712 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart. 2. The applicant states the administrative clerk overlooked his Purple Heart when completing his DD Form 214. 3. The applicant provides copies of his DD Form 214 and his certificate for award of the Purple Heart. CONSIDERATION OF EVIDENCE: 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 Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. On 5 July 1966, the applicant enlisted in the Regular Army. He completed basic combat training and he was enrolled as a Warrant Officer Candidate. 3. On 29 June 1967, the applicant was discharged for the purpose of accepting an appointment as a warrant officer. He had completed 11 months and 25 days of total active service this period. 4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 29 June 1967 shows the National Defense Service Medal, Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar, and the Sharpshooter Marksmanship Qualification Badge with Pistol (.45 Caliber) Bar. 5. On 30 June 1967, the applicant was appointed as a warrant officer one with concurrent call to active duty as a helicopter pilot. He subsequently departed his unit for duty in the Republic of Vietnam. 6. On 14 August 1967, the applicant was assigned to C Company, 227th Aviation Battalion, 1st Cavalry Division (Airmobile). 7. A Western Union telefax, dated 30 October 1967, from The Adjutant General, U.S. Army, informed the applicant's parents that he had been slightly wounded as a result of hostile action. He had sustained gunshot wounds to his right arm, right leg, and right knee. 8. A casualty message, dated 30 October 1967, reported that the applicant had been wounded by small arms fire as a result of hostile action. His aircraft did not crash or burn. He was given medical treatment at the 2nd Surgical Hospital and held. 9. Item 18 (Record of Assignments) of the applicant's DA Form 66 (Officer Qualification Record) shows he was assigned as a patient in the U.S. Army Hospital, Camp Zama, Japan from 7 to 16 November 1967. 10. On 8 January 1968, the applicant returned to duty as a pilot in the Republic of Vietnam with his former unit. He remained in this assignment until 1 August 1968, when he returned to Fort Rucker, AL. 11. On 30 January 1970, the applicant was released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. He had attained the rank of chief warrant officer two (CW2)/W-2, and had completed 2 years, 7 months, and 1 day of net active service this period. 12. Item 24 of the applicant's DD Form 214 for the period ending 30 January 1970 shows the National Defense Service Medal, Army Aviator Badge, Vietnam Service Medal, Air Medal with 26 Oak Leaf Clusters, Republic of Vietnam Campaign Medal [with Device (1960)], Distinguished Flying Cross with one Oak Leaf Cluster, and the Army Commendation Medal. 13. The certificate provided by the applicant indicates that he had been awarded the Purple Heart for wounds sustained in action on 30 October 1967. The certificate indicates he was awarded the Purple Heart by the 2nd Surgical Hospital commander. 14. 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. 15. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders. It directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment. 16. Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns: * Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968) * TET Counteroffensive (30 January - 1 April 1968) * Vietnam Counteroffensive Phase IV (2 April - 30 June 1968) * Vietnam Counteroffensive Phase V (1 July - 1 November 1968) 17. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 227th Aviation Battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 - 19 May 1969 by Department of the Army General Orders Number 59, dated 1969 DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart. 2. There are no general orders available showing the applicant was awarded the Purple Heart. However, the available evidence of record clearly shows that he was wounded in action and he received medical treatment for his wounds. Therefore, the applicant's DD Form 214 should be corrected to show this award. 3. Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam. Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars. 4. The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, his DD Form 214 should be corrected to show this foreign unit award. BOARD VOTE: ___X____ __X____ ___X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 for the period ending 30 January 1970 the Vietnam Service Medal; and b. adding to item 24 of his DD Form 214 for the period ending 30 January 1970 the Purple Heart, Vietnam Service Medal with four bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. _________X_________ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20100015712 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100015712 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1