BOARD DATE:	  3 September 2009

		DOCKET NUMBER:  AR20090005988 


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 and any other awards to which he may be entitled.  

2.  The applicant states that he was wounded in Vietnam in 1970 and treated at the Military Assistance Command Vietnam hospital.  He served with the 92nd Assault Helicopter Company, 10th Aviation Battalion.  

3.  The applicant provides no additional documentation in support of his application, but requests that his Army records be used.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel defers requests and statements to the applicant and provides no documentation in support of the applicant's submission.

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 military records show that he enlisted in the Regular Army, in pay grade E-1, on 14 October 1968, for 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty 67N, UH-1 Helicopter Mechanic.  He served in the Republic of Vietnam from 14 April 1969 to 12 June 1971, with the 92nd Aviation Company (Assault Helicopter), for five campaigns.

3.  The applicant was honorably released from active duty in pay grade E-5 on 13 June 1971, as an overseas returnee.  He was transferred to the United States Army Reserve Control Group (Reinforcement).  

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Aircraft Crewmember Badge, the Air Medal, the Army Commendation Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  The Purple Heart is not shown on his DD Form 214.

5.  There are no orders in the applicant’s service personnel records that show he was awarded the Purple Heart.  There is also no evidence in his records that shows he was wounded or injured or treated for wounds or injuries as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in Item 40 (Wounds).  His DA Form 20 also does not list the Purple Heart in Item 41 (Awards and Decorations).  

6.  The Vietnam Casualty List was reviewed to determine if the applicant had been wounded in action while he served in Vietnam.  The applicant's name is not shown in this list.

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System failed to reveal any orders for award of the Purple Heart to the applicant.

8.  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.
9.  Army Regulation 600-8-22 further authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Vietnam Service Medal.  A silver service star is worn instead of five bronze service stars.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit, the 92nd Aviation Company, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Orders Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant served in Vietnam for five campaigns and is entitled to one silver service star to be affixed to his already-awarded Vietnam Service Medal to denote his campaign credit.  It would also be appropriate to add this service star to his DD Form 214.  

2.  General orders entitled the applicant’s unit to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his tenure of assignment in Vietnam.  This unit award is not shown on his DD Form 214.  He is therefore entitled to have his DD Form 214 corrected to show this unit award.

3.  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, and the medical treatment must have been made a matter of official record.

4.  There is no evidence, and the applicant provided none, to show that he was wounded as the result of hostile action.  The applicant's name does not appear on the Vietnam casualty listing.  There were no entries made in his service personnel records to show he was wounded as a result of hostile action and no orders were published to award him the Purple Heart.

5.  Regrettably, based on the evidence in this case there is insufficient evidence on which to base award of the Purple Heart to the applicant or to have the Purple Heart added to his DD Form 214.

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


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to add one silver service star to be affixed to his already-awarded Vietnam Service Medal and to add the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart and its addition to his 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)                                         AR20090005988





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ABCMR Record of Proceedings (cont)                                         AR20090005988



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