BOARD DATE:	  February 4, 2010

		DOCKET NUMBER:  AR20090012793 


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 injured when his helicopter was shot-up and forced to crash land in the jungle.  His teeth were knocked loose and the crew of the evacuation helicopter wanted to extract them, but he kept them in until he could get to a dentist.

3.  The applicant provides, in support of his application, copies of his request to a member of Congress, his medical and dental records, a letter from a unit commander who relates that the incident took place after he left the unit and a letter from the helicopter crew chief who substantiates the applicant's account of the incident. 

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 was inducted and entered active duty on 24 June 1969.  He completed training as a radio operator and was assigned to Vietnam.

3.  His DA Form 20 (Enlisted Qualification Record) shows:

	a.  he served in Vietnam from 5 January 1970 through 14 February 1971;

	b.  on 18 January 1970, his second day in an operational assignment in Vietnam, he became a helicopter door gunner with A Troop, 2nd Squadron, 17th Calvary and he served in that capacity for his entire tour of duty;

	c.  his awards are listed as the National Defense Service Medal, Vietnam Service Medal, Aircraft Crewman Badge, Republic of Vietnam Campaign Medal with Device (1960), Bronze Star Medal, two Overseas Service Bars, Air Medal with 12 Oak Leaf Clusters, and the Army Commendation Medal.

4.  The applicant returned to the United States and was released from active duty on 18 February 1971.  He was transferred to the Army Reserve Control Group (Annual Training) in pay grade E-4.  

5.  His DD Form 214 shows his awards as the National Defense Service Medal, Vietnam Service Medal, [Republic of] Vietnam Campaign Medal [with Device 1960], Aircraft Crewman Badge, Bronze Star Medal, and two Overseas Service Bars.  

6.  A DD Form 215 (Correction to DD Form 215) has been issued to add the Army Commendation Medal, the Air Medal with Numeral 12, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and three bronze service stars to the Vietnam Service Medal.

7.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders awarding the applicant the Purple Heart.  His name does not appear on the Vietnam Casualty List.

8.  The applicant's dental records show that he was seen, on 8 August 1970, for loose teeth resulting from trauma.  Bone splinters were removed.  On 10 August 1970, a prosthetic device was ordered to stabilize the teeth.
9.  The letter from the helicopter crew chief that the applicant submitted with the application describes the incident just as the applicant does.  The aircraft took heavy enemy fire, was forced to make a crash landing, and the applicant received facial injuries.  He believes the applicant should be awarded the Purple Heart.

10.  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.

11.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

12.  Army Pamphlet 672-3 (Unit Citations and Campaign Credit Register) shows that, during the applicant's tour of duty, the 2nd Squadron, 17th Cavalry was awarded the Valorous Unit Award for the period 7 December 1969 through 
16 February 1970 by Department of the Army General Order (DAGO) 48, 1971; the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 
2 December 1969 through 8 January 1971 by DAGO 24, 1972; and the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation for the period
18 March through 2 May 1970 by DAGO 48, 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was injured when their helicopter was shot-up and forced to crash land in the jungle.  His teeth were knocked loose and the crew of the evacuation helicopter wanted to extract them, but he kept them in until he could get to a dentist.

2.  The applicant was treated for a wound sustained as the result of enemy action and the treatment is a matter of record.  He should be awarded the Purple Heart for wounds sustained on or about 8 August 1970.

3.  He is authorized the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

4.  The above 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 sustained as the result of enemy action on or about 8 August 1970; and 
   
   b.  adding to the authorized awards already shown on his DD Form 214 the Purple Heart, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20090012793





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ABCMR Record of Proceedings (cont)                                         AR20090012793



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