IN THE CASE OF:	  

		BOARD DATE:	  27 October 2009

		DOCKET NUMBER:  AR20090004389 


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, in effect, that he is a Veteran with a 100-percent disability rating who was not awarded the Purple Heart for his combat-related injuries during the Vietnam conflict.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with a separation date of 16 May 1969, a personal letter, and a copy of a newspaper article that states he was injured during combat operations in Vietnam.

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 enlisted in the Regular Army on 30 June 1967 for a 3-year period of service.  He successfully completed basic combat and advanced individual training.  He was awarded military occupational specialty 67N (Single Rotor Turbine Utility Helicopter Mechanic).

3.  Records show the applicant was initially assigned in the Republic of Vietnam to the 176th Aviation Company on 25 January 1968 and then reassigned to the 174th Aviation Company from 4 November 1968 to 4 March 1969.

4.  On 16 May 1969, the applicant was permanently retired by reason of physical disability in the rank and grade of specialist five/E-5, rated 100-percent disabled.  The DD Form 214 issued to the applicant shows he completed a total of 1 year, 10 months, and 17 days of active service with 1 year, 2 months, and 3 days of foreign service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 16 May 1969 shows he was awarded the Bronze Star Medal with "V" Device, the Air Medal with Oak Leaf Cluster and "V" Device, the Army Commendation Medal with "V" Device, the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).  The DD Form 214 does not show award of the Purple Heart.

6.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that he received "excellent" conduct and efficiency ratings for all his assignments.  His military personnel records do not show any time lost, record of nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice, or record of court martial.

7.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) dated 9 July 1969 does not show an entry for wounds received by hostile action.

8.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show he was awarded the Purple Heart.

9.  The applicant's name is listed on the Vietnam casualty roster as wounded in action on 2 March 1969.

10.  A review of the applicant's military personnel record shows an electronic message, dated 3 March 1969, which stated he was wounded and that he fractured his pelvis and sustained a contusion to his right hip and fragment wounds to his chest.  The applicant was a crew chief on a UH-1H helicopter on a low-level reconnaissance mission in the Republic of Vietnam when the rotor wash detonated a hostile mine and crashed.  He was evacuated through military medical channels to the United States on 4 March 1969.

11.  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, and the medical treatment must have been made a matter of official record.  A Purple Heart is authorized for the first wound suffered under conditions indicated above; an oak leaf cluster will be awarded and worn on the medal or ribbon for each subsequent award.  

12.  The applicant's records show that he is entitled to additional awards which he did not request and are not listed on his DD Form 214.

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Appendix B of this regulation shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in six campaigns:  the Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 1968), the TET Counteroffensive 1968 (30 January 1968 to 1 April 1968), the Vietnam Counteroffensive Phase IV (2 April 1968 to 30 June 1968), the Vietnam Counteroffensive Phase V (1 July 1968 to 1 November 1968), the Vietnam Counteroffensive Phase VI (2 November 1968 to 22 February 1969), and the TET Counteroffensive 1969 (23 February 1969 to 8 June 1969).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Further, a silver service star is authorized in lieu of five bronze service stars.

15.  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 document shows that the units to which the applicant was assigned were awarded the following unit awards:

	a.  the 176th Aviation Company was awarded the Valorous Unit Award by publication of Department of the Army General Orders (DAGO) Number 43, dated 1970, for combat actions on 12 May 1968;

	b.  the 176th Aviation Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 27 March 1967 to 17 May 1968 by DAGO Number 46, dated 1969; and

	c.  the 174th Aviation Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 2 November 1968 to 28 February 1969 by DAGO Number 2, dated 1971.

16.  Department of the Army Pamphlet 672-3 states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation badge may not be worn, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded in action by an enemy mine explosion on 2 March 1969.  His injuries were so severe that he was medically evacuated to the United States for treatment at an Army military medical center.  Because of his injuries, the applicant was permanently retired from the U.S. Army with a 100-percent disability rating.  Therefore, the applicant is entitled to award of the Purple Heart.

2.  Based on the applicant's “excellent” conduct and efficiency ratings and the absence of evidence showing disqualification, the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 30 June 1967 to 16 May 1969 ending with termination of his first period of qualifying Federal military service.

3.  Records show the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in six campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of one silver service star and one bronze service star to be affixed to the previously-awarded Vietnam Service Medal.

4.  During the time of the applicant's assignment to the 176th Aviation Company, the unit was awarded the Valorous Unit Award.  Therefore, the applicant is entitled to have his record corrected to show the Valorous Unit Award.

5.  At the time of the applicant's assignments to the 176th Aviation Company and the 174th Aviation Company, these units were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation through publication of official orders.  Although he may wear only one, his DD Form 214 should be corrected to show both these unit awards.

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 injuries incurred on 2 March 1969 in the Republic of Vietnam;

	b.  awarding him the Army Good Conduct Medal for his period of service from 30 June 1967 to 16 May 1969; and

	c.  adding to item 24 of his DD Form 214 the Purple Heart, the Army Good Conduct Medal, the Valorous Unit Award, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one silver service star and one bronze service star to be affixed to his previously-awarded Vietnam Service Medal.



      ___________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)                                         AR20090004389



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ABCMR Record of Proceedings (cont)                                         AR20090004389



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