IN THE CASE OF:	  

		BOARD DATE:	  9 December 2010

		DOCKET NUMBER:  AR20100014373 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of two Purple Hearts and the Distinguished Flying Cross.

2.  He states the first DD Form 214 he received was correct, but each subsequent DD Form 214 has been incorrect.  He contends that a general officer gave him these awards while he was a patient at the Walter Reed Hospital located in Washington, DC.

3.  He provides no additional documents in support of his application.

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 into the Army of the United States on 2 February 1967.  He was discharged on 6 February 1967 for enlistment in the Regular Army.

3.  On 7 February 1967, he enlisted in the Regular Army and he served in the Republic of Vietnam from 10 October 1967 through 6 January 1968 with Troop C, 7th Squadron, 17th Cavalry.  The highest rank/grade he attained was specialist four (SP4)/E-4.

4.  His service record contains a Western Union telefax, dated 17 December 1967, which indicates he was slightly wounded in Vietnam on 16 December 1967 as a result of hostile action.  He sustained a broken left ankle while he was serving as a crew chief on a military aircraft on a combat operation when the aircraft was hit by hostile small arms ground fire.  He was treated at a battalion aid station and held for further treatment.

5.  General Orders Number 488, issued by Headquarters Americal Division, dated 3 February 1968, awarded him the Army Commendation Medal with "V" Device for heroism on 20 November 1967 in Vietnam.  The orders stated "Private First Class G------ distinguished himself while serving as a crew member of an OH-6A helicopter on a reconnaissance mission.  The aircraft was struck by enemy fire and forced to land in trees 60 to 70 feet tall and came to rest inverted.  …Despite the threat of being overrun by enemy forces and the imminent danger of fire, Private G------ freed both men and assisted them away from the crash site.  …He then took up his position…."  The citation on these orders does not indicate he was wounded as a result of hostile action on 20 November 1967.

6.  General Orders Number 31, issued by Headquarters, Walter Reed General Hospital, dated 13 September 1968, awarded him the Purple Heart for wounds received in action on 20 November 1967.

7.  His record contains a Standard Form (SF) 502 (Narrative Summary) rendered by a physician at the Walter Reed Army Medical Center on 9 July 1973 which shows he fractured his left tibia incurred secondary to hostile forces small arms fire on 16 December 1967 in the Republic of Vietnam.  His medical documents do not indicate he sustained wounds on any other occasion.

8.  Item 40 (Wounds) of his Form 20 (Enlisted Qualification Record) is blank.  Item 41 (Awards and Decorations) lists one award of the Purple Heart and does not list the Distinguished Flying Cross.

9.  His service record does not contain any orders or other evidence showing he was awarded a second Purple Heart.
10.  His name is listed only once on the Vietnam casualty roster for wounds received in action on 16 December 1967.  

11.  His DA Form 20 shows he received "excellent" conduct and efficiency ratings and one rating as "unknown" during his period of service.  His service record does not contain any disciplinary actions or a commander's disqualification for the first award of the Army Good Conduct Medal.

12.  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, revealed he was awarded the Distinguished Flying Cross by Headquarters, Americal Division, General Orders Number 1231, dated 10 March 1968, for heroic actions on 16 December 1967 in Vietnam.  The citation on the orders stated the applicant repeatedly exposed himself to sniper fire in order to locate and mark enemy positions with smoke grenades.  The helicopter was hit by enemy automatic weapons fire which ruptured the fuel cells, ignited a smoke grenade in the aircraft, and seriously wounded him.  The ADCARS failed to reveal orders for a second award of the Purple Heart.

13.  On 15 July 1969, he was retired from active duty by reason of temporary physical disability and he was placed on the Temporary Disability Retired List in the rank of SP4.  He completed 2 years, 5 months, and 9 days of total active service with no time lost.  He was removed from the TDRL on
30 November 1973.

14.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 15 July 1969 shows the:

* Air Medal with first oak leaf cluster
* Army Commendation Medal with “V” Device
* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant's assignment to the 7th Squadron, 17th Cavalry, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 22 February 1967 to 17 May 1968 by Department of the Army General Orders Number 21, dated 1969.
16.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of the Purple Heart.  

17.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, he participated in the Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968) campaign.

18.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

19.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The fact that the applicant was wounded as a result of hostile action in Vietnam on 16 December 1967 is corroborated by the following documents:

* a Western Union telefax, dated 17 December 1967
* General Orders Number 1231, dated 10 March 1968
* an SF 502, dated 9 July 1973
* the Vietnam casualty roster
2.  With the exception of General Orders Number 31, dated 13 September 1968, his record is void of any evidence and he has not provided any evidence showing he was wounded as a result of hostile action on 20 November 1967 or any date other than 16 December 1967.  Therefore, it appears an erroneous date was entered on General Orders Number 31 awarding him the Purple Heart on
20 November 1967.

3.  Additionally, General Orders Number 488, dated 3 February 1968, which awarded him the Army Commendation Medal with "V" Device for heroism on 20 November 1967 in Vietnam do not indicate he was wounded as a result of hostile action on that date.

4.  In view of the foregoing, there is insufficient evidence on which to base two awards of the Purple Heart.

5.  General orders awarded him the Distinguished Flying Cross for action on 16 December 1967 in Vietnam.  Therefore, he is entitled to correction of his
DD Form 214 to show this award.

6.  It appears he has met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period from 2 February 1967 through 15 July 1969.  His service record shows he received "excellent" conduct and efficiency ratings and one rating of "unknown" and he was advanced to SP4 during this period.  His rating of "unknown" is not a disqualifying factor for the first award of the Army Good Conduct Medal.  Therefore, he is entitled to the first award of the Army Good Conduct Medal and correction of his DD Form 214 to show this award.

7.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during his period of service.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

8.  His DD Form 214 currently reflects the Vietnam Service Medal.  However, he participated in one campaign during the Vietnam War.  Therefore, he is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the bronze service star.

9.  He was evacuated prior to completing six months of service in Vietnam due to wounds resulting from hostile action.  However, he served a qualifying period of service for the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his DD Form 214 to show this award.


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:

	a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the first award of the Army Good Conduct Medal for the period 7 February 1967 through 15 July 1969; and 

   c.  adding to item 24 of his DD Form 214 the:

* Distinguished Flying Cross
* Army Good Conduct Medal (first award)
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* 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 a second award of the Purple Heart.



      ____________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)                                         AR20100014373



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ABCMR Record of Proceedings (cont)                                         AR20100014373



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