BOARD DATE:	  17 February 2011

		DOCKET NUMBER:  AR20100018584 


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 the Purple Heart he received.

2.  The applicant states the Purple Heart did not show up on his medal request.

3.  The applicant provides an email communication between himself and a member of the Veterans Medals Team - Philadelphia.

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.  After having had prior enlisted service, the applicant was appointed as an Aviation Corps Warrant Officer One in the U.S. Army Reserve on 8 September 1969 and entered active duty that date.

3.  On 20 December 1969, he was assigned to Vietnam as a helicopter pilot with Company B, 159th Aviation Battalion, 101st Airborne Division.

4.  The applicant was awarded the Distinguished Flying Cross for heroic actions on 13 April 1970 in Vietnam.  The award citation states that while the applicant was the pilot of a resupply helicopter on 13 April 1970, his aircraft received a direct hit and crashed.  The citation does not indicate if he received any wounds or injuries.

5.  On 25 April 1970, the applicant was transferred to the Army Hospital at Camp Zama, Japan as a patient with subsequent transfer to Darnall Army Hospital, Fort Hood, TX.

6.  General Orders Number 6401, issued by Headquarters, 101st Airborne Division, dated 6 June 1970, awarded the applicant the Army Commendation Medal for meritorious achievement during the period 1 January 1970 to 31 May 1970.

7.  General Orders Number 13510, issued by the same headquarters, dated
9 November 1970 awarded the applicant the Air Medal (2nd through 5th award) for the period 19 January 1970 to 18 April 1970.

8.  A Medical Evaluation Board (MEB) states that when the applicant's helicopter was hit by a mortar round he sustained multiple penetrating fragment wounds to both legs, left buttock, back, right hand and wrist with retained metal fragments; a severe open fracture to the left radius and ulna with nerve and artery involvement, and second degree burns to his face, neck, knees, and left arm. 

9.  A Physical Evaluation Board (PEB) found the applicant medically unfit for continuation on active duty with 80 percent (%) disability rating and permanently retired him on 8 April 1971.

10.  His DD Form 214 shows he was retired by reason of permanent disability.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the Distinguished Flying Cross, Army Aviation Badge, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, National Defense Service Medal, and the Army Good Conduct Medal.

11.  Item 21 (Awards and Decorations) of the applicant's DA Form 66 (Officer Qualification Record) shows the National Defense Service Medal, Army Aviation Badge, Army Good Conduct Medal, and the Republic of Vietnam Campaign Medal with Device (1960).  Item 23 (Qualification in Arms) shows he qualified as an expert with the .38 caliber pistol and the M-16 rifle.

12.  The available records do not include any orders for award of the Purple Heart.

13.  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 for the Purple Heart pertaining to the applicant.

14.  A review of the Vietnam casualty roster includes the applicant's name.  It shows he was reported as a casualty on 13 April 1970 under casualty code 23, which refers to "hostile wounded in action - not serious - hospitalized)."

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

16.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders.  It directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.

17.  Army Regulation 600-8-22 (Military Awards) provides the Purple Heart is awarded for a wound sustained while in action against the enemy or as a 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.

18.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, 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, the applicant participated in the Vietnam Winter - Spring 1970
(1 November 1969 - 30 April 1970) campaign.

19.  Army Regulation 600-8-22 provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The ribbon denotes the first award and numerals starting with the numeral 2 denote the number of additional awards.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence that the applicant was awarded the Purple Heart.  However, combining the description of his wounds from the MEB with the evidence on the Vietnam casualty roster supports a finding that the applicant was wounded in action on 13 April 1970, that those wounds required medical treatment, and that the treatment is a matter of record.  Therefore, his DD Form 214 should be corrected to show his award of the Purple Heart.

2.  The applicant's record contains orders for the 2nd through 5th award of the Air Medal and the Army Commendation Medal.  These awards are not listed on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  Records show the applicant qualified expert with the .38 caliber pistol and the M-16 rifle.  These badges are not shown on his DD Form 214; therefore, his DD Form 214 should be corrected accordingly.

4.  Headquarters, U.S. Army Vietnam and its subordinate units were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the applicant's assignment to Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  The applicant participated in one campaign phase while assigned to Vietnam. 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.

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

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

* Purple Heart
* Air Medal with Numeral 5
* Army Commendation Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Pistol Bar



      _________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)                                         AR20100018584



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ABCMR Record of Proceedings (cont)                                         AR20100018584



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