IN THE CASE OF:	  

	BOARD DATE:	 

	DOCKET NUMBER:  AR20080004932 


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, in effect, that he be awarded the Purple Heart. 

2.  The applicant states, in effect, that he received injuries, while serving in the Republic of Vietnam, from an aircraft that crashed causing him to become pinned underneath.

3.  The applicant provides a statement explaining (in his words) what occurred on the date of his injuries; a copy of his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge, dated 4 January 1966; four photos of a damaged aircraft; a copy of letters from former unit members, and a copy of their DD Forms 214; and an AF Form 711, USAF Accident/Incident Report, dated 
16 November 1965.

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 records show that he was inducted in the Army of the United States in the grade of Private/E1, on 8 January 1964.  He completed basic combat training at Fort Knox, Kentucky, and advanced individual training at Fort Riley, Kansas.  Upon completion of training he was awarded the military occupational specialty (MOS) 13A, (Cannoneer).   

3.  The applicant served in Vietnam from 25 June 1965 through 3 January 1966, with Battery C, 8th Battalion, 6th Artillery Regiment.    

4.  The applicant was honorably released from active duty, on 4 January 1966 in the rank and pay grade of Specialist Four, E-4.  On the date he was released from active duty, he had completed 1 year, 11 months and 27 days of active military service. 

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), of the applicant’s DD Form 214, shows he was awarded; the Vietnam Service Medal, the Good Conduct Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14 Rifle). The Purple Heart is not shown on his DD Form 214.  Other awards for which the applicant is qualified are also not shown on his DD Form 214.

6.   There is no entry in Item 40 (Wounds), of the applicant’s DA Form 20, Enlisted Qualification Record, to show that he received a wound in action against a hostile force.

7.  Item 41 (Awards and Decorations), of the applicant’s DA Form 20, does not show that he was awarded the Purple Heart.  

8.  There are no orders in the applicant’s military personnel records awarding him the Purple Heart.

9.  The applicant’s name does not appear on the Vietnam Casualty List.




10.  Three of the applicant’s former unit members each provided a statement about the aircraft accident in October 1965 in which they state the applicant was 
injured; however, they also indicate they were all pinned underneath the aircraft, including the applicant.  They allege to have freed themselves and then the applicant from under the burning plane.  The applicant, they state, was taken to receive medical attention.

11.  The applicant provided a copy of the United States Air Force Accident/ Incident Report, dated 16 November 1965, stating that an accident had occurred on the runway at an air strip at Phuoo Vinh[sic Phu Binh], the Republic of Vietnam.  The report states that the pilot and an observer were evacuated from the burning aircraft and then assisted a Soldier that was pinned under the wreckage.  The report states there were no serious injuries and it does not identify any of those involved in the aircraft accident, including the person on the ground, by name.

12.  The applicant provided four photos of a damaged aircraft; however, there is no evidence of an injured person in the vicinity.

13.  The applicant’s records show that he was awarded the Marksman Marksmanship Qualification Badge, with Rifle Bar (M-1 Carbine), by Special Orders Number 34, dated 25 February 1964, and the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-14 Rifle), by Special Orders Number 101, dated 28 April 1964.  These awards are not shown on the applicant’s DD Form 214.  He is therefore entitled to correction of his records to show these awards.  

14.  The applicant’s records show that he was entitled to the Republic of Vietnam Campaign Medal based on his service in Vietnam from 25 June 1965 through 
3 January 1966.  He is entitled to have this award shown on his DD Form 214.

15.  The applicant was awarded the Vietnam Service Medal; however, he was not awarded the two bronze service stars to which he is entitled for his campaign participation. 

16.  While in Vietnam, the applicant participated in the following campaigns: the Vietnam Defense Campaign, which extended from 8 March 1965 through 
24 December 1965, and the Vietnam Counteroffensive, which extended from 
25 December 1965 through 30 June 1966. 

17.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was 

assigned to, the 8th Battalion, 6th Artillery, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 12 July 1965 through
16 October 1968, by Department of the Army General Order (DAGO) Number 21, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the period October 1965 through 7 April 1970, by DAGO 53, dated 1970.

18.  Army Regulation (AR) 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal.  The Government of Vietnam awarded this medal to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or service outside the geographical limits of the Republic of Vietnam that contributed direct combat support to the Republic of Vietnam and its Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

19.  AR 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.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

20.  AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

21.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, substantiating evidence must be provided to verify that a wound was received as a result of enemy action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

2.  The applicant alleges he received injuries from an aircraft that crashed on October 16, 1965, while serving in the Republic of Vietnam. 

3.  The evidence that was provided (statements, photos, and accident/incident report), did not show that the applicant received injuries or medical treatment pertaining to the accident.  The evidence also shows that this incident was an “accident” and shows no evidence of it being a result of actio9n by a hostile enemy.

4.  There is no entry in Item 40 (Wounds), of the applicant's DA Form 20, to show he received a wound in action against a hostile force.  There is no entry in Item 41, of the DA Form 20, to show he was awarded the Purple Heart. 

5.  There are no orders in the applicant's military personnel records awarding him the Purple Heart.  His name does not appear on the Vietnam Casualty List.

6.  The applicant provided no evidence of injuries received or treatment provided him; therefore, based on the evidence, he is not eligible for award of the Purple Heart.  Assuming that the applicant was injured and did receive treatment, there is also no evidence a hostile enemy was complicit in the aircraft accident that caused his injuries.  The applicant is therefore not entitled to award of the Purple Heart and to have it added to his DD Form 214.

7.  The applicant’s records show that he was entitled to the Republic of Vietnam Campaign Medal based on his service in Vietnam from 25 June 1965 through 
3 January 1966.  He is entitled to have this award shown on his DD Form 214.

8.  The applicant participated in two campaigns while stationed in the Republic Vietnam from 25 June 1965 through 3 January 1966.  He is therefore entitled to award of two bronze service stars, to be affixed to his already-awarded Vietnam Service Medal, to denote his campaign participation credit, and to have them added to his DD Form 214.

9.  The applicant served in a unit, which was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation.  These unit awards are not shown on his DD Form 214.  He is entitled to these unit awards and to have them added to his DD Form 214.

10.  The applicant’s records show that he was awarded the Marksman Marksmanship Qualification Badge, with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar.  These badges are not shown on the applicant’s DD Form 214.  He is entitled to have these awards and to have them added to his DD Form 214.  

11.  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

___x____  ___x____  ___x____  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 to award him the Purple Heart and add it to his DD Form 214.

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 to;
      
      a.  award two bronze service stars to the applicant to denote his campaign participation credit and to be affixed to his already-awarded Vietnam Service Medal; 
      
      b.   award the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation to the applicant; and
      
      c.  add the already-awarded Marksman Marksmanship Qualification Badge, with Rifle Bar and the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar and adding these badges to the applicant’s DD Form 214.




       _    __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)                                         AR20080004932



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ABCMR Record of Proceedings (cont)                                         AR20080004932



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