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		IN THE CASE OF:	  

		BOARD DATE:	  21 OCTOBER 2008

		DOCKET NUMBER:  AR20080013137 


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 and that it be added to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.

2.  The applicant states, in effect, that he was in a helicopter crash on 2 February 1968, was injured, and never received a Purple Heart.  He did not check to see if it was on his DD Form 214 at the time because he was young.

3.  In support of his application, the applicant submits a chronological list of his Vietnam service dates and units in which he served, his Clinical Record Cover Sheet with two pages of his Clinical Record – Narrative Summary, his DD Form 214, and his retirement orders.

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 he enlisted in the US Army Reserve, Delayed Entry Program, on 25 May 1966.  On 22 August 1966, he enlisted in the Regular Army.  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty 67A, Aircraft Maintenance Crewman.

3.  The applicant served in Vietnam from 26 March 1967 through 2 February 1968.  He served with the 48th Aviation Company, 10th Combat Aviation Battalion from 26 March 1967 through 31 August 1967.  He served with Company B, 15th Transportation Battalion, 1st Cavalry Division (Airmobile) from 2 September 1967 through 5 January 1968.  He served with Troop B, 1st Squadron, 9th Cavalry, 1st Cavalry Division (Airmobile), from 6 January 1968 through 2 February 1968.

4.  The applicant's records show he returned to Vietnam on 15 November 1968 and served with Headquarters and Headquarters Company, 2nd Brigade, 1st Cavalry Division until 10 August 1969 when he was returned to the United States for release from active duty.

5.  The applicant was honorably released from active duty, in pay grade E-5, on 12 August 1969, under the provisions of Army Regulation 635-200, as an overseas returnee, prior to the expiration of his term of service.  He was credited with 2 years, 11 months, and 21 days active military service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, shows he was awarded the Bronze Star Medal, Air Medal, National Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.  The Purple Heart is not shown on his DD Form 214.

7.  There is no entry in Item 40 (Wounds), of the applicant's DA Form 20, Enlisted Qualification Record, showing he was wounded in action as a result of hostile enemy action.  Item 41 (Awards and Decorations), of the applicant's DA Form 20, contains no entry showing 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 Vietnam Casualty List was reviewed to determine if the applicant had been wounded in action while serving in Vietnam.  The applicant's name is not shown on this list.

10.  A search was made of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Purple Heart orders on file for the applicant.

11.  The applicant provided a copy of a Standard Form 502, Clinical Record - Narrative Summary, dated 11 February 1968, showing he was admitted to the 12th US Air Force Hospital [Evacuation Hospital, Cu Chi, Vietnam] on 2 February 1968 with a back pain from an injury [a compression fracture] he sustained in a helicopter crash.

12.  The applicant also provided a copy of a DA Form 8-275-2, Clinical Record Cover Sheet, with a date of disposition of 20 April 1968, showing the following entry in Item 23 (Diagnosis):  "Fracture, compression, L-4 . . . . . EM [enlisted man] involved in a helicopter crash caused by hostile forces 1330 hrs 2 Feb 68, Hue, RVN.  LD:  Yes."  The applicant was transferred from the 12th Evacuation Hospital to the 249th General Hospital in Japan and was transferred in turn to the US Army Hospital, Fort Campbell, Kentucky, on 18 February 1968.

13.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows that he consistently received "excellent" conduct and efficiency ratings.  There is no evidence of any breach of good order or discipline in his service personnel record that would preclude award of the Good Conduct Medal.

14.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the bronze service stars to which he is entitled for his campaign participation.  While in Vietnam, the applicant participated in six campaigns of the Vietnam War.

15.  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 the 48th Aviation Company was cited for award of the Meritorious Unit Commendation, by Department of the Army General Orders (DAGO) Number 17, dated 1968; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards), by DAGO Number 22, dated 1968, and DAGO Number 43, dated 1970, at the time the applicant was a member of the unit.  These unit awards are not shown on the applicant's DD Form 214.
16.  DA Pamphlet 672-3 also shows that the 15th Transportation Company was cited for award of the Meritorious Unit Commendation, by DAGO Number 28, dated 1969; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, by DAGO Number 59, dated 1969.  These unit awards are not shown on the applicant's DD Form 214.

17.  DA Pamphlet 672-3 also shows that Headquarters and Headquarters Company, 2nd Brigade, 1st Cavalry Division was cited for award of the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation, by DAGO Number 42, dated 1972.  This unit award is not shown on the applicant's DD Form 214.

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

19.  Army Regulation 600-8-22 also provides, 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.  The regulation further provides that one silver service star will be worn in lieu of five bronze service stars.

20.  Item 41, of the applicant's DA Form 20, shows the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar [M-14 Rifle]. This marksmanship qualification badge is not shown on the applicant's DD Form 214.

21.  Army Regulation 672-5-1, in effect at the time of the applicant's separation provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  To be eligible for award of the Good Conduct Medal, Soldiers must meet all of the following criteria:  all conduct (character) and efficiency ratings must be recorded as "Excellent" except that ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

22.  Army Regulation 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 presented to show that the Soldier was wounded as 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.

2.  The evidence shows the applicant sustained a compression injury to his back on 2 February 1968 when the helicopter he was aboard crashed as a result of enemy action.  The applicant was admitted to the hospital and was medically evacuated to the United States to receive medical treatment.  This medical treatment was made a matter of official record; however, it appears that orders awarding the applicant the Purple Heart were never published.

3.  Based on the evidence in this case, the applicant is entitled to award of the Purple Heart and to have it added to his DD Form 214.

4.  The applicant had "excellent" conduct and efficiency ratings throughout his time in the Army.  There is no evidence of indiscipline while he served on active duty.  The applicant was not awarded the Good Conduct Medal, it appears, more as a result of administrative oversight rather than something that the applicant did to disqualify himself from this award.  He is therefore eligible for award of the Good Conduct Medal for the period 22 August 1966 through 12 August 1969.

5.  The applicant served in six campaigns while he served in Vietnam.  He is therefore entitled to award of one silver service star and one bronze service star to be affixed to his already-awarded Vietnam Service Medal and to be shown on his DD Form 214.

6.  The applicant served in units, which were cited for unit awards while he was a member of the unit.  The applicant is entitled to award of the Meritorious Unit Commendation with oak leaf cluster; the Republic of Vietnam Gallantry Cross with Palm Unit Citation (three awards); 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.
7.  The applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  This badge is not shown on the applicant's DD Form 214. He is entitled to have this badge added to his DD Form 214.

8.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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 the applicant the Purple Heart for wounds received as a result of hostile action on 2 February 1968 and adding this award to his DD Form 214;

	b.  awarding the applicant the Good Conduct Medal for the period 22 August 1966 through 12 August 1969 and adding this award to his DD Form 214;

	c.  awarding the applicant one silver service star and one bronze service star to be affixed to his already-awarded Vietnam Service Medal and adding these service stars to his DD Form 214; 

   d.  awarding the applicant; the Meritorious Unit Commendation with oak leaf cluster; the Republic of Vietnam Gallantry Cross with Palm Unit Citation (three awards); the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and adding these unit awards to his DD Form 214; and 





	e.  adding the already-awarded Sharpshooter Marksmanship Qualification Badge with Rifle Bar, 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)                                         AR20080013137



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ABCMR Record of Proceedings (cont)                                         AR20080013137


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