RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  25 September 2007
	DOCKET NUMBER:  AR20070006871 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Ms. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Mr. William Powers

Chairperson

Ms. LaVerne Douglas

Member

Mr. Jerome Pionk

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Purple Heart.

2.  The applicant states he was injured twice while serving in the Republic of Vietnam first on 31 January 1970 and then again on 21 February 1970.  He states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the date of discharge as 30 November 1988 reflects one award of the Purple Heart.  He states, in effect, he is entitled to two awards of the Purple Heart for injuries incurred on two separate dates while serving in the Republic of Vietnam.

3.  The applicant provides copies of two separate DD Forms 1380 (Field Medical Card for the Uniformed Services) which shows he was wounded in action on 31 January 1970 and again on 21 February 1970.  The Field Medical Card (FMC) shows he received medical treatment from the 154th Medical Company, 52nd Medical Battalion, 17th Group, 1st Aviation Brigade in the Republic of Vietnam on both dates.  A commissioned officer in the medical service corps properly authenticated both of the DD Forms 1380 that the applicant submitted with this application.

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.  The applicant's military records show he initially enlisted on 16 May 1968 for a period of 3 years.  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty 67A (Aircraft Maintenance Apprentice).

3.  The applicant's records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the effective date of retirement as 30 November 1988.  This form shows that the applicant completed 12 years, 3 months and 11 days of net active service during this period of enlistment and he had 7 years, 9 months and 2 days of prior active service.  This form also shows a total of 1 year, 11 months and 21 days of foreign service and it does not list the countries in which he served his foreign service tour.  

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows one award of the Purple Heart.  The applicant's DD Form 214 shows the following awards: "National Defense Service Medal, Air Medal, Purple Heart, Bronze Star Medal, Vietnam Civil Actions Medal, Vietnam Cross of Gallantry with Palm, Senior Aircraft Crewman Badge, Air Assault Badge, Army Service Ribbon, Overseas Service Ribbon "2", Army Commendation Medal with 1st Oak Leaf Cluster, NCO Professional Development Ribbon "3", Vietnam Service Medal with 1st silver Star, Vietnam Campaign Medal, Aircraft Crewman Badge, Humanitarian Service Medal, Good Conduct Medal (6th Award), Meritorious Service Medal, Drill Sergeant Identification Badge, and Marksman (M-16 Rifle)."

5.  The applicant's Enlisted Qualification Record (DA Form 20) confirms he served two tours of duty in the Republic of Vietnam (RVN).  The first RVN tour was from 19 June 1969 through 18 June 1970.  During this tour, he was assigned to 57th Aviation Company (Assault Helicopter Company) as a machine gunner and aircraft crew chief.  His second tour was from 22 August 1971 to 29 March 1972.  He was assigned to C Troop, 7th Armored Squadron, 1st Air Cavalry and then to A Troop, 7-1st Air Cavalry Squadron and he served as a helicopter crew chief during this period.

6.  Item 9 (Awards and Decorations) of the applicant's DA Form 20 shows one award of the Purple Heart.  He authenticated his DA Form 20 on 28 January 1988 in his own hand. 

7.  The applicant's records do not contain general orders, which authorized him award of the Purple Heart.

8.  The applicant is listed on the Vietnam Casualty Roster.  The Roster reports the applicant’s casualty status as hostile, wounded in action, not serious, treated and released to duty.  The Roster reports the date of casualty as 21 February 1970.  There is no entry or record of medical treatment for wounds sustained in action on 31 January 1970.

9.  The applicant provided a copy of DD Form 1380 (U.S. Field Medical Card), dated 31 January 1970, which shows he received medical treatment from the 154th Medical Company, 52nd Medical Battalion, 17th Group, 1st Aviation Brigade in the Republic of Vietnam for a laceration on his right ankle.  He was serving as a crewmember in a helicopter at the time of his injury.  A commissioned officer in the medical service corps properly authenticated the DD Form 1380 and this form shows the applicant was wounded in action and the injury occurred in line of duty.  After medical treatment the applicant was returned to duty.

10.  The applicant is entitled to an additional award that he did not request.

11.  Item 5 (Overseas Service) and Item 35 (Record of Assignments) of the applicant's DA Form 20 confirms he served two tours in the Republic of Korea from 20 June 1978 to 16 June 1979 and again from 26 August 1985 to 19 August 1986.

12.  Army Regulation 672-5-1(Military Awards), then in effect, provides, in pertinent part, that the Purple Heart is awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. armed services has been wounded, killed, or who has died as a result of a wound sustained 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 a medical officer, and the medical treatment must have been made a matter of official record.  This regulation also provides that there is no time limitation on requests for award of the Purple Heart.

13.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards), then in effect, provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual is 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

14.  Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility – land area of the Republic of Korea, or contiguous water out to 12 nautical miles, air space above the land and water area – for 30 consecutive or 60 nonconsecutive days.  Further only one award of the KDSM is authorized for any individual.

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows that the applicant sustained a wound and was treated for lacerations on the right medial mialleolus on 31 January 1970 while serving as a crewmember on a helicopter in the Republic of Vietnam.  Evidence further shows that medical personnel treated the applicant, annotated the FMC, and then released him to duty status on the same date.  The FMC annotated the nature of the casualty as wounded in action and that the injury was in the line of duty. Therefore, there is sufficient evidence to show that he is entitled to a second award of the Purple Heart and correction of his records to show this award.

2.  The applicant is entitled to award of the Korea Defense Service Medal for his two periods of service in the defense of the Republic of Korea.

BOARD VOTE:

___WP__  __LD ___  __JP____  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 amending his DD Form 214 with the effective date of 30 November 1988 to show award of the Purple Heart with Oak Leaf Cluster for wounds received on 
31 January 1970 in the Republic of Vietnam and to show award of the Korea Defense Service Medal.




_____William Powers_________
          CHAIRPERSON

INDEX

CASE ID
AR20070006871
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070925
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.

3.

4.

5.

6.