BOARD DATE:	  29 December 2010

		DOCKET NUMBER:  AR20100017047 


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 reflect two awards of the Purple Heart and the Distinguished Flying Cross (DFC).

2.  The applicant states he was told that his records would be corrected when they reached St. Louis, MO, where they were kept and he never checked them until he applied to the Department of Veterans Affairs (VA) for benefits.  He further states that he received awards of the Purple Heart for wounds received on 16 March 1968 and 8 June 1968 and he received the DFC for heroism on
11 April 1968.

3.  The applicant provides:

* A copy of a DFC Certificate reflecting award of the DFC for heroism in the Republic of Vietnam on 11 April 1968
* A copy of a Purple Heart Certificate for wounds received in action on
16 March 1968

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 in Columbus, GA on 1 June 1966 for a period of 2 years under the warrant officer flight training program.  He completed his basic training and he was transferred to Fort Wolters, TX and then to Fort Rucker, AL to undergo warrant officer candidate training.

3.  On 5 June 1967 he was honorably discharged in the rank/grade of sergeant (SGT)/E-5 to accept appointment as a warrant officer.

4.  On 6 June 1967 he was appointed as a U.S. Army Reserve (USAR) warrant officer one (WO1) aviator with concurrent call to active duty.  He was transferred to Vietnam on 19 July 1967 and he was assigned to the 68th Assault Helicopter Company for duty as a rotary wing aviator.

5.  He was promoted to chief warrant officer two (CW2)/W-2 on 6 June 1968 and he departed Vietnam on 17 July 1968 for assignment to Hunter Army Airfield, GA for duty as a flight instructor.

6.  On 30 January 1970 he was honorably released from active duty (REFRAD) and he was transferred to the USAR Control Group (Reinforcement).  He had served 3 years, 7 months, and 29 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period shows the Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal with Device (1960), Air Medal with 43 oak leaf clusters, Army Aviator Badge, Army Good Conduct Medal, National Defense Service Medal, and one overseas service bar.

7.  General Orders Number 6496, issued by Headquarters, 1st Aviation Brigade, dated on 19 September 1968, awarded the applicant the DFC for heroism while participating in aerial flight on 11 April 1968.

8.  There are no orders in the applicant’s records showing that he was awarded the Purple Heart.  However, there is a DD Form 1380 (U.S. Field Medical Card), that shows while flying, the applicant was wounded as a result of enemy action on 16 March 1968 and he was subsequently treated at the 145th Aviation Battalion Dispensary for shrapnel wounds to his left leg.

9.  The applicant’s medical records are not available for review by the Board; however, the applicant’s final separation/medical examination reflects no indication of his being wounded or treated for any wounds.  Additionally, his name is not shown on the Vietnam casualty listing.

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.  The award of the Purple Heart must be announced in general orders in order to be a matter of official record.

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation for service in Vietnam during the time he was assigned to the unit.  Additionally, the applicant participated in four campaigns while assigned to Vietnam and is authorized four bronze service stars for wear on his already-awarded VSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was awarded two Purple Hearts has been noted and found to have partial merit.  While the applicant’s records contain no orders for award of the Purple Heart, the applicant has provided a Purple Heart Certificate for award of the Purple Heart for wounds received in action on 16 March 1968 and his records contain a record of treatment for shrapnel wounds as a result of enemy action on that date.  Therefore, it is reasonable to presume that he was awarded the Purple Heart for those wounds and that the certificate he provides is valid.  Accordingly one award of the Purple Heart should be added to his DD Form 214 at this time. 

2.  The applicant’s records also contain orders awarding him the DFC for heroism in flight on 11 April 1968.  Accordingly, that award should be added to his DD Form 214 as well.
3.  Additionally, the evidence of record shows the applicant is also entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation, and four bronze service stars for wear on his already-awarded VSM.  Therefore, his DD Form 214 should be corrected accordingly.

4.  While the sincerity of the applicant’s claim that he received a second award of the Purple Heart is not in question, there are no orders or medical evidence present in his official records to verify his eligibility for a second award of the Purple Heart.  Therefore, absent such evidence there is no basis to add a second award of the Purple Heart at this time.

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 for the period ending 30 January 1970 the Vietnam Service Medal; and

	b.  adding to item 24 of his DD Form 214 for the period ending 30 January 1970 the:

* Purple Heart
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation

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 adding a second award of the Purple Heart to his DD Form 214.
3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20100017047



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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