BOARD DATE:	  28 April 2011

		DOCKET NUMBER:  AR20100022489 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Air Medal (21st through 37th Oak Leaf Clusters), Expert Marksmanship Qualification Badge with Pistol Bar, Senior Army Aviator Badge, and Purple Heart.

2.  The applicant states he failed to have a possible broken rib treated after taking a direct AK-47 shot to the right side of his flak jacket.  From prior experience, he knew that there was nothing doctors could do for a broken rib.  He did not want to take pain killers which would have removed him from flight status and kept him from flying.  At the time, he did not realize that there was a real Department of Veterans Affairs (VA) benefit available to Purple Heart recipients.  His boss evidently thought it had been taken care of and he was too proud to push it.

3.  The applicant provides the following:

* Special Orders Number 128, dated 18 June 1965
* Meritorious Service memorandum, dated 6 May 1966
* Foreign Awards memorandum, dated 1 June 1967
* General Orders Number 3176, dated 22 May 1968
* DA Form 759 (Individual Flight Record and Flight Certificate-Army), dated June 1971
* Special Orders Number 178, dated 24 August 1972
* DD Form 214, effective 1 March 1969

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.  Having had prior service, the applicant accepted a commission as a second lieutenant in the Regular Army on 7 June 1961.  He was honorably discharged on 7 June 1969 after completing 7 years, 8 months, and 25 days of active military service.  

3.  The applicant received two Bronze Star Medal service awards which show he served in the Republic of Vietnam with the following units:

   a.  the 220th Aviation Company, 14th Aviation Battalion, 1st Aviation Brigade, from on or about 1 July 1965 to 30 June 1966; and

   b.  the 21st Reconnaissance Airplane Company, 1st Aviation Brigade, from on or about 1 June 1967 to 31 May 1968.  

4.  His DD Form 214 shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Air Medal with 19th Oak Leaf Cluster
* Bronze Star Medal with Oak Leaf Cluster
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Distinguished Flying Cross
* Army Commendation Medal
* Overseas Service Bars (4)
* Army Aviator Badge

5.  Special Orders Number 128, issued by U.S. Army Garrison, Fort Lewis, Washington, on 18 June 1965, awarded him the Expert Marksmanship Qualification Badge with Pistol Bar.

6.  Headquarters U.S. Army, Vietnam Memorandum, dated 1 June 1967, shows he was awarded the Gallantry Cross with Silver Star by the Republic of South Vietnam for heroic actions on 21 April 1966.

7.  General Orders Number 3176, issued by Headquarters, 1st Aviation Brigade, dated 22 May 1968, show he was awarded the Air Medal (21st -37th Oak Leaf Clusters) for the period 28 June 1967 to 17 June 1968.

8.  Special Orders Number 178, issued by Headquarters, Sixth U.S. Army, dated 24 August 1972, awarded him the Senior Army Aviator Badge, effective 
4 September 1972.

9.  The applicant provides a memorandum from the Office of the Senior Advisor, Advisory Team 2, dated 6 May 1966.  The memorandum describes the applicant's meritorious performance of duty covering his period of service with Advisory Team 2.  It states that his aircraft was hit by ground fire on several occasions, and on 3 April 1966 he was wounded in action. 

10.  The record is void of documentation showing he was awarded the Purple Heart.

11.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders for the Purple Heart.

12.  His name does not appear on the Vietnam casualty roster. 

13.  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.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 220th Aviation Company was cited for award of the:
* Meritorious Unit Commendation for the period 1 July 1965 - 30 April 1966, by Department of the Army General Orders (DAGO) Number 20, dated 1967
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1966 - 26 March 1967, by DAGO Number 22, dated 1968

15.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

16.  His records show he participated in five campaigns during his service in the Republic of Vietnam:  

* Vietnam Defense (8 March 1965 - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive Phase IV (1 July 1970 - 30 June 1971)

17.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated for item 24 to enter all decorations, service medals, campaign credits, and badges awarded or authorized.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214 be corrected to show award of the Air Medal (21st through 37th Oak Leaf Clusters), Expert Marksmanship Qualification Badge with Pistol Bar, Senior Army Aviator Badge, and Purple Heart.

2.  General orders show he was awarded the Air Medal (21st - 37th Oak Leaf Clusters).  

3.  Special orders awarded him the Expert Marksmanship Qualification Badge with Pistol Bar. 

4.  Records show he was awarded the Vietnam Service Medal.  Evidence shows that he participated in five campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award a silver service star to be affixed to his already-awarded Vietnam Service Medal.

5.  The record shows he was authorized to accept and wear the Republic of Vietnam Gallantry Cross with Silver Star which was awarded to him by the Republic of Vietnam.  Therefore, he is entitled to have his DD Form 214 corrected to show this individual foreign award.

6.  General orders show his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Meritorious Unit Commendation during the time he was assigned to the unit.  Therefore, he is entitled to have his DD Form 214 corrected to show these unit awards.

7.  The applicant submits evidence which shows while serving with Advisory Team 2 he was wounded in action on 3 April 1966.  Regulatory guidance states the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.  By the applicant's own admission his wound did not require medical attention.  Therefore, he does not meet the criteria for award of the Purple Heart.

8. The effective date of award of the Senior Army Aviator Badge was 
4 September 1972, which is outside of the period covered by his DD Form 214; therefore, he is not entitled to have this award added to his DD Form 214.

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 adding the following to item 24 of his DD Form 214:

* Air Medal (21st - 37th Oak Leaf Clusters)
* One silver service star to his already-awarded Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Silver Star
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Pistol Bar

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 award of the Purple Heart and adding the Senior Army Aviator Badge to his DD Form 214.  




      _______ _  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)                                         AR20100022489



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ABCMR Record of Proceedings (cont)                                         AR20100022489



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