IN THE CASE OF:	  

		BOARD DATE:	  
		DOCKET NUMBER:  AR20080005668 


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 award of the Purple Heart.

2.  The applicant states he received shell fragment wounds to his upper torso, left shoulder, and neck while piloting a medevac helicopter in Vietnam in September 1970.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); a copy of VA Form 21-4138 (Statement in Support of Claim); and a letter from the North Carolina Department of Administration, dated 5 March 2008.

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.  Evidence of record shows the applicant enlisted in the Regular Army for 3 years on 17 May 1968.  He attended and successfully completed warrant officer candidate rotary wing aviator training.  He was honorably discharged at Fort Stewart, GA on 7 September 1969.  On 8 September 1969, he was appointed as a warrant officer one (WO1).

3.  The applicant served as a helicopter pilot in Vietnam from on/about 2 May 1970 to on/about 27 April 1971.  He was assigned to the 45th Medical Company (Air Ambulance).  

4.  The applicant departed Vietnam and returned to the United States where he was honorably released form active duty at Oakland Army Base, Oakland, CA on 4 May 1971.  Item 24 of his DD Form 214 does not show award of the Purple Heart.  However, it does shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Air Medal (2nd Oak Leaf Cluster), Army Aviator Badge, and one Overseas Service Bar.

5.  The applicant's service records do not support his request for award of the Purple Heart.  A review of those records shows:

	a.  there are no orders awarding him the Purple Heart;

	b.  his DA Form 66 (Officer Qualification Record) does not show he was awarded the Purple Heart, nor does it provide any evidence of his wounding; and

	c.  although complete medical records do not exist, his separation physical examination is a part of the record, and it does not show any indication of his having been wounded.

6.  The applicant's name is contained on the Army's Vietnam Casualty Roster.  It shows that he was not seriously wounded in action on 1 September 1970, which required hospitalization.  No notification to next of kin(s) was required.

7.  The applicant's records show that he is entitled to have additional corrections made to Item 24 of his DD Form 214.

	a.  General Orders Number 1967, Headquarters, US Army, Vietnam, dated 9 June 1971, awarded him the Air Medal (Fourth through Twenty-Third Awards);

	b.  General Orders Number 46, Headquarters, US Army Aviation School Element, Hunter Army Airfield, GA, dated 24 June 1969, awarded the applicant the Good Conduct Medal for the period 17 May 1968 to 7 September 1969; and

	c.  he participated in two campaigns during his tour of duty in Vietnam – DA Sanctuary Counteroffensive (1 May 1970 to 30 June 1970) and Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971) – and is entitled to wear 2 bronze service stars on his already-awarded Vietnam Service Medal.

8.  Army Regulation 600-8-22 (Military Awards) provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February 1962 to 28 March 1973 by Department of the Army General Order Number 8, dated 1974.  It also shows that the unit was awarded the Meritorious Unit Commendation for the period 1 May 1970 to 30 April 1971 by Department of the Army General Order Number 5, dated 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Purple Heart.  The Army's Vietnam Casualty Roster shows the applicant was officially listed as having been not seriously wounded in action on 1 September 1970.  Therefore, he should be awarded the Purple Heart and it should be annotated on his DD Form 214.

2.  The applicant's DD Form 214 incorrectly shows he was awarded the Air Medal with 2 Oak Leaf Clusters (that is, he was awarded 3 Air Medals).  Orders show he was awarded 23 Air Medals.  Therefore, his DD Form 214 should be corrected to reflect the Air Medal with Numeral 23.

3.  During his enlisted service, the applicant was awarded the Good Conduct Medal for the period 17 May 1968 through 7 September 1969.  This award should be added to his DD Form 214.

4.  The applicant served in Vietnam during two named campaigns.  He should be awarded 2 bronze service stars for wear on his Vietnam Service Medal.

5.  The applicant's unit was awarded the Meritorious Unit Commendation and the Vietnam Gallantry Cross with Palm Unit Citation during his tenure with the unit.  These unit awards should be added to his DD Form 214.



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.  awarding him the Purple Heart for wounds received in action on
1 September 1970;

	b.  deleting the entry "AIR MEDAL (2NDOLC)" and "VIETNAM SERVICE MEDAL" from his DD Form 214; and

	c.  adding to his DD Form 214 the Purple Heart, the Air Medal with Numeral 23, the Good Conduct Medal, the Vietnam Service Medal with 2 bronze service stars, the Meritorious Unit Commendation, and the 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)                                         AR20080005668



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ABCMR Record of Proceedings (cont)                                         AR20080005668



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