IN THE CASE OF:	  

	BOARD DATE:	  17 June 2008

	DOCKET NUMBER:  AR20080005732 


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 was wounded on 19 September 1967.  Because he was treated and released at the Military Assistance Command, Vietnam, compound but was not assigned to that unit, they requested that his unit, the 121st Assault Helicopter Company, complete the paperwork for his Purple Heart. That was not done due to an administrative oversight.

3.  The applicant provides a Department of Veterans Affairs Form 21-4138 (Statement in Support of Claim).

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 Regular Army records are not available.

3.  The applicant enlisted in the Regular Army on 31 May 1965.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 67N (Single Engine/Single Rotor Utility Helicopter Repairman).

4.  The applicant arrived in Vietnam and was assigned to the 121st Aviation Company on an unknown date.

5.  Headquarters, 1st Aviation Brigade, General Orders Number 1381, dated     21 April 1967, awarded the applicant the basic Air Medal for the period 4 March to 12 March 1967.  

6.  Headquarters, 1st Aviation Brigade, General Orders Number 3006, dated     29 June 1967, awarded the applicant the Air Medal (First through Sixth Oak Leaf Cluster) for the period 12 March to 3 June 1967.  

7.  The Vietnam Casualty Roster lists the applicant as being wounded as a result of hostile action, not serious, not hospitalized, on 19 September 1967.

8.  A Standard Form 600 (Chronological Record of Medical Care) shows the applicant was treated for superficial shrapnel wounds to the left and right knees incurred in a combat assault mission.  This form also shows he was recommended for award of the Purple Heart.

9.  A DD Form 1380 (U. S. Field Medical Card) shows the applicant was wounded as a result of enemy action, was treated for those wounds, and was recommended for award of the Purple Heart.

10.  There are no Purple Heart orders in the applicant’s records.

11.  Headquarters, 1st Aviation Brigade, General Orders Number 1578, dated     21 March 1968, awarded the applicant the Air Medal (Seventh Oak Leaf Cluster) 

for the period 4 June to 14 June 1967 in section VIII of the orders.  Paragraph     1 of the orders indicates that section VIII awarded the Seventh through Thirty-First Oak Leaf Cluster.

12.  The applicant was honorably released from active duty on 9 March 1968.  His DD Form 214 for the period ending 9 March 1968 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with device (1960), the Air Medal, the Aircraft Crewman Badge, and three Overseas Bars.

13.  Army Regulation 600-8-22 (Military Awards) states 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 by medical personnel, and the medical treatment must have been made a matter of official record.

14.  Army Regulation 600-8-2 provides for award of the Air Medal to any person who will have distinguished himself while participating in aerial flight.  It is primarily intended to recognize those personnel who are on current crewmember or noncrewmember flying status which requires them to participate in aerial flight on a regular and frequent basis in the performance of their primary duties. Numerals, starting with 2, are now used to denote second and subsequent awards of the Air Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was wounded in action and was treated for those wounds.  He should be awarded the Purple Heart for those wounds.

2.  The applicant’s DD Form 214 for the period ending 9 March 1968 shows he was awarded one Air Medal.

3.  It is noted that paragraph 1 of Headquarters, 1st Aviation Brigade, General Orders Number 1578, dated 21 March 1968, indicated that section VIII awarded the Seventh through Thirty-First Oak Leaf Cluster of the Air Medal, and the applicant’s name then was listed in section VIII only for award of the Air Medal (Seventh Oak Leaf Cluster).  However, it appears that the period listed in those orders; i.e., 4 June to 14 June 1967, is commensurate with the award of one Air Medal rather than the award of 25 Air Medals.  It appears the error was made in paragraph 1 of the orders rather than in section VIII.

4.  Based on the above, the applicant’s DD Form 214 for the period ending         9 March 1968 should be amended to show he was awarded 8 awards of the Air Medal.  

BOARD VOTE:

___xx___  ____xx__  ___xx____  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 on 19 September 1967;

     b.  deleting the Air Medal from his DD Form 214 for the period ending 9 March 1968; and

     c.  adding the Purple Heart and the Air Medal with Numeral 8 to his DD Form 214 for the period ending 9 March 1968.



	______xxxxx_____________
      	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)                                         AR20080005732



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ABCMR Record of Proceedings (cont)                                         AR20080005732



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