IN THE CASE OF:	  

		BOARD DATE:	    31 August 2010

		DOCKET NUMBER:  AR20100009563 


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 correction of his records to show all awards to which he is entitled, including the Purple Heart.

2.  The applicant states, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not reflect all of his awards; therefore, he requests that a DD Form 215 (Correction to DD Form 214) be issued.

3.  The applicant provides a copy of his DD Form 214 for the period ending 23 January 1971.

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 service record shows that he enlisted in the Regular Army on 4 December 1967 for a period of 2 years.  His DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows he elected the Warrant Officer Flight Training Program.  Upon completion of basic combat training and warrant officer flight training, he was appointed as a warrant officer in the U.S. Army on 18 November 1968 and entered active duty.  He served in military occupational specialty 062B (Helicopter Pilot, Utility and Light Cargo Single Rotor).

3.  The applicant's military service record shows he served in Vietnam and was assigned to the 235th Aviation Company during the period 9 December 1968 through 8 December 1969.  On 23 January 1971, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement), St. Louis, MO.  He completed a total of 3 years, 1 month, and 20 days of total active service with 1 year of foreign service.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's two DD Forms 214 show the National Defense Service Medal, Army Aviator Badge, Vietnam Service Medal, Air Medal (1st Oak Leaf Cluster), Republic of Vietnam (RVN) Campaign Medal with Device (1960), Bronze Star Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Pistol Bar (.38 caliber), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  General Orders Number 017/K41CT/CL, dated 19 June 1969, awarded the applicant the RVN Gallantry Cross with Silver Star for his outstanding and dedicated performance of duty as a pilot officer while on a mission to support a ground operations conducted by the 9th Infantry Division, Army of the Republic of Vietnam.  His official record contains these orders with a copy of the U.S. Army Vietnam Assistant Adjutant General's request to the Commanding General for authorization to accept the foreign award.  It the absence of evidence to the contrary, it is presumed this request was approved.

6.  The applicant's name appears on the Vietnam casualty roster with an entry showing receipt of battle wounds from hostile action in connection with an aircraft on 15 May 1969.  His rank at the time of his injuries was warrant officer one (WO1).

7.  A copy of a Western Union Telefax message shows the applicant's next of kin was notified on 19 May 1969.  The message informed his parents that he was slightly wounded in action in Vietnam on 15 May 1969 while a pilot of a military aircraft on a combat operation when his aircraft came under enemy attack.  He received multiple contusions to his back and chin, and was treated and hospitalized in Vietnam.

8.  Headquarters, 1st Aviation Brigade, General Orders Number 3613, dated 29 July 1969, show the applicant was awarded the Air Medal (1st Oak Leaf Cluster) with "V" Device for heroism.

9.  A review of the applicant's record reveals he is entitled to additional awards that are not shown on his DD Form 214.

10.  Department of the Army General Orders Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation for service in the RVN to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and campaign periods for the Vietnam era.  Four designated campaigns coincide with the applicant's period of service:

* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive (23 February 1969-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)

12.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for each campaign listed in appendix B.  Authorized bronze service stars will be worn on the appropriate service medal.

13.  Army Regulation 600-8-22 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his records to show all awards to which he is entitled, to include the Purple Heart, was carefully considered and is supported by the evidence.

2.  General Orders Number 017/K41CT/CL, dated 19 June 1969, awards the applicant the RVN Gallantry Cross with Silver Star.  His records also contain a copy of the request for authorization to wear this award.  It is presumed this request was approved.  Therefore, his DD Form 214 should be corrected to show this award.

3.  An extract of the Vietnam casualty roster shows the applicant was wounded as a result of hostile action on 15 May 1969.  The Western Union Telefax message confirms he required medical treatment.  Therefore, there is sufficient evidence to show he met the requirements and is entitled to correction of his records to show award of the Purple Heart.

4.  The applicant is entitled to award of the Air Medal (1st Oak Leaf Cluster) with "V" Device based on General Orders Number 3613, dated 29 July 1969.  Therefore, his records should be corrected to show these awards.

5.  General Orders Number 8 awarded the applicant's unit the RVN Gallantry Cross with Palm Unit Citation which is not shown on his records.  He is entitled to correction of his records to show this unit award.

6.  The applicant was awarded the Vietnam Service Medal.  His records show he participated in four campaigns while serving in the RVN.  He is entitled to award of four bronze service stars for wear on the already-awarded Vietnam Service Medal.

BOARD VOTE:

___X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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 15 May 1969 in the rank of WO1,

	b.  deleting from item 24 of his DD Form 214 for the period ending 23 January 1971, the Vietnam Service Medal and Air Medal (1st Oak Leaf Cluster), and

	c.  adding to item 24 of his DD Form 214 for the period ending 23 January 1971, the:

* Purple Heart
* Air Medal (1st Oak Leaf Cluster) with "V" Device
* RVN Gallantry Cross with Silver Star
* RVN Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with four bronze service stars



      _______ _   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)                                         AR20100009563



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100009563



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1