RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 January 2008
	DOCKET NUMBER:  AR20070011246 


	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

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. Curtis L. Greenway

Chairperson

Mr. Joe R. Schroeder

Member

Mr. Qawiy Sabree

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 correction of his military records to show award of the Purple Heart for injuries received in the Republic of Vietnam.

2.  The applicant states that he was injured when his helicopter was shot down by the enemy in the Republic of Vietnam.  He further states that the record incorrectly reports that the cause of his crash was due to mechanical failure.

3.  The applicant provides a copy of his Request for Award of the Purple Heart that he submitted to the Commander, United States Army Human Resources Command.

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 18 July 1949, the applicant entered the Georgia Army National Guard, where he served with the 560th Engineer Combat Battalion until 19 January 1950.

3.  On 29 December 1951, the applicant enlisted in the Regular Army.  He completed his training and was awarded military occupational specialty 562.68 (Harbor Craft Boatswain).  

4.  Records show that the applicant served in the Republic of Korea during 1952 and 1953, participating in the following campaign periods:  Korean Summer-Fall 1952; Third Korean Winter; and the Korea Summer 1953.  The available record does not provide information about his specific dates or units of assignment in Korea. 

5.  On 23 February 1962, the applicant was promoted to the rank of staff sergeant, pay grade E6.

6.  On 17 June 1963, the applicant was discharged for the purpose of accepting an appointment as a warrant officer with immediate call to active duty.  He had completed a total of 10 years, 11 months, and 17 days of creditable active duty.

7.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, effective 17 June 1963, lists the National Defense Service Medal, United Nations Service Medal, Good Conduct Medal, China Service Medal, Korean Service Medal with one bronze service star, and the Expert Marksmanship Qualification Badge with Carbine Bar.

8.  On 18 June 1963, the applicant entered active duty as a United States Army Reserve warrant officer. His military occupational specialty was 100C0 (Rotary Wing Pilot).  He was assigned for duty as a rotary wing pilot at Fort Benning, Georgia. 

9.  On 18 August 1964, the applicant was assigned for duty with the 62nd Aviation Company (Air Mobile).  On 1 October 1964, he went with this unit to the Republic of Vietnam.

10.  On 17 December 1964, the applicant was hospitalized at the United States Naval Hospital, Siagon.  He was subsequently medically evacuated to Walter Reed Army Medical Center.  

11.  On 26 January 1965, the applicant was assigned for duty as a rotary wing pilot with the 2nd Aviation Battalion, Fort Benning, Georgia.

12.  On 29 June 1967, the applicant was assigned for duty as a rotary wing pilot with Company A, 228th Aviation Battalion, 1st Cavalry Division, in the Republic of Vietnam.  On 18 October 1967, he was reassigned within country to the 11th General Support Aviation Company, 1st Cavalry Division.  He remained with this unit until his return to the United States on 25 March 1968.

13.  On 21 July 1970, the applicant was assigned as an instructor pilot with the 19th Aviation Company, in the Republic of Korea.  He remained with this unit until his return to the United States on 8 November 1970.


14.  On 31 July 1972, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Retired).  He had attained the rank of warrant officer three, and had completed a total of 20 years and 1 month of creditable active duty.

15.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, effective 31 July 1972, lists the National Defense Service Medal with Oak Leaf Cluster, United Nations Service Medal, Distinguished Flying Cross with Oak Leaf Cluster, Air Medal with 31 Oak Leaf Clusters, Good Conduct Medal, Navy Good Conduct Medal, Army Aviator Badge, China Service Medal, Korean Service Medal with one bronze service star, and the Republic of Vietnam Distinguished Flying Cross with Silver Star (sic) [should read Republic of Vietnam Gallantry Cross with Silver Star].  The Purple Heart is not listed.

16.   The applicant's name is not listed on the Vietnam Casualty  Roster.

17.  There is no available evidence in the applicant’s records or on the Awards and Decorations Computer Assisted Retrieval System (ADCARS) showing that he was awarded a Purple Heart. 

18.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for 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, and the medical treatment must have been made a matter of official record.  

19.  On 18 May 2007, the Commander, United States Army Human Resources Command, considered the applicant's request for award of the Purple Heart for injuries he received on 17 December 1964, while serving in the Republic of Vietnam.  In this request the applicant provided a partial copy of a physical examination record wherein he told the physician that his injuries were caused by his aircraft being shot down by enemy forces.  The Human Resources Command obtained a copy of the Technical Report of U.S. Army Aircraft Accident (DA Form 2397) dated 22 January 1965, pertaining to the incident involving the applicant.  It stated that the official determination was that the incident was an accident.  On this basis, the applicant's request for award of the Purple Heart was disapproved.  The DA Form 2397 is not available with this case for review.

20.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his final DD Form 214.

21.  Army Regulation 600-8-22 states that a bronze service star will be awarded for wear on the Korean Service Medal for participation in each campaign.  Based on the applicant's records, he participated in the following three campaign periods: the Korean Summer-Fall 1952, Third Korean Winter, and the Korea Summer 1953.  

22.  Army Regulation 600-8-22 (Military Awards) states that the Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service prescribed must have been performed as follows: (1) while on permanent assignment; (2) while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or (3) while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

23.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Korean Defense Service Medal (KDSM).  The KDSM was authorized by Section 543, National Defense Authorization Act, 2003.  It 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 area of eligibility and the period of eligibility are as follows: a) service members of the armed forces must have served in support of the defense of the Republic of South Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of South Korea, and the contiguous water out to 
12 nautical miles, and all air spaces above the land and water areas; c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility for 30 consecutive or 60 non-consecutive days.

24.  Item 21, Awards and Decorations, of the applicant's Officer Qualification Record (DA Form 66) shows that he was awarded the Republic of Vietnam Gallantry Cross with Silver Star.

25.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following three campaign periods: the Vietnam Advisory, the Vietnam Counteroffensive Phase III, and the Tet  Counteroffensive.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  


26.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 228th Aviation Battalion, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 73, dated 1968, for award of the Meritorious Unit Commendation; and in DAGO Number 59, dated 1969, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders that show the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster.  The evidence of record and that provided by the applicant shows that he received an injury while in the Republic of Vietnam, however, it does not provide substantiating evidence that this injury was the result of enemy action.  Therefore, the applicant's request for award of the Purple Heart should not be granted.

2.  Records show that the applicant participated in three campaign periods during his service in the Republic of Korea.  Therefore, he is eligible for award of two additional bronze service stars to be affixed to his already-awarded Korean Service Medal with one bronze service star.

3.  The applicant served during a qualifying period for award of the Republic of Korea War Service Medal.  Therefore, his records should be corrected to show this award.

4.   Records show that the applicant served in the Republic of Korea during a qualifying period for award of the Korean Defense Service Medal.  Therefore, his records should be corrected to show this award.

5.  Records show that the applicant participated in three campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

6.  Records show that the applicant's unit was cited in general orders for award of the Meritorious Unit Commendation.  Therefore, his records should be corrected to show this unit award.   


7.  Records show that the applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.  

8.  Records show that the applicant was awarded the Republic of Vietnam Gallantry Cross with Silver Star.  However, this entry was incorrectly entered on his DD Form 214 as a Vietnamese Distinguished Flying Cross with Silver Star.  Therefore, this entry in his records should be corrected. 

9.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_QS_ ___  __CLG __  __JRS __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 for correction of the records of the individual concerned.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by:

	a.  deleting from Item 24 of his DD Form 214, effective 31 July 1972, "Vietnamese Distinguished Flying Cross with Silver Star Div Level" and adding in its place "Republic of Vietnam Gallantry Cross with Silver Star."

 	b.  showing that, in addition to the awards shown on his DD Form 214, effective 31 July 1972, his authorized awards include the Meritorious Unit Commendation, two additional bronze service stars to be affixed to his already-awarded Korean Service Medal with one bronze service star, Republic of Korea War Service Medal, Korean Defense Service Medal, three bronze service stars to be affixed to his already-awarded Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  





__    Curtis L. Greenway___
          CHAIRPERSON




INDEX

CASE ID
AR20070011246
SUFFIX

RECON
 
DATE BOARDED
20080115 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.