IN THE CASE OF:	  

		BOARD DATE:	  9 June 2011

		DOCKET NUMBER:  AR20100023090 


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:

* award of two Purple Hearts
* a Bronze Star Medal
* a Silver Star
* a Distinguished Flying Cross with oak leaf cluster
* the Air Medal (11th Oak Leaf Cluster)

2.  In addition, he requests correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served an overseas foreign service tour.

3.  The applicant states he was wounded twice while serving in the Republic of Vietnam.  The first wound, a head wound, occurred on 23 June 1964 at Tay Minh Mountain.  He did not seek immediate medical attention and he chose to continue with his mission.  Later his two pilots took him to a U.S. Air Force hospital for medical treatment.  His second wound occurred on 9 February 1965 when his left knee received enemy shrapnel during combat air assault operations.  He states numerous witnesses were present when he was wounded and he received medical treatment at the 145th Combat Assault Battalion at Ellis Compound.  The applicant emphasizes the fact that he saw medical personnel completing reports when he was treated for his injuries.  In addition, he states an 


officer told him he would be recommended for award of the Purple Heart and a Bronze Star Medal.

4.  In his statement, the applicant points out a discrepancy in his medical record by stating:

On the documentation about my head wound, which was my first and by far my bloodiest wound, it states that I hit my head on a truck.  We were on a helicopter assault mission.  There were no trucks around.

5.  He states he received the Armed Forces Expeditionary Medal (AFEM) for his service in the Republic of Vietnam.  He stated the Department of Veterans Affairs (VA) "CHANGED (his) BRONZE STAR TO THE DISTINGUISHED FLYING CROSS."  He also states he received the Army Commendation Medal and the Army Good Conduct Medal.

6.  The applicant provides the following documents:

* his DD Form 214 for the period ending 29 October 1965 
* a personal addendum to his DD Form 149 (Application for Correction of Military Record)
* a letter from the National Archives and Records Administration, dated 26 May 2010 
* DA Forms 1 (Morning Reports) for 12 May and 23 May 1964 and 15 January and 26 January 1965
* excerpts from his military medical records, dated 23 June 1964
* an Honorable Discharge Certificate
* a Historical Report for the 120th Aviation Company (Air Mobile Light) for the period 1 April 1964 to 31 December 1964
* multiple photocopies of military pictures
* multiple newspaper articles 

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 30 October 1963.  He completed his initial entry training and he was awarded military occupational specialty 67N (Single Rotor Helicopter Mechanic).

3.  The applicant served in the U.S. Army Pacific (USARPAC) in the Republic of Vietnam from 20 May 1964 to 19 May 1965 with the 120th Aviation Company.  

4.  General Orders (GO) Number 102, issued by Headquarters, U.S. Army Vietnam, dated 3 August 1965, awarded the applicant the Air Medal (Eighth Oak Leaf Cluster) for the period 8 February 1965 to 27 February 1965.

5.  GO Number 40, issued by Headquarters, Cleveland Defense, Army Air Defense Command (ARADCOM), Cleveland, OH, dated 4 October 1965, awarded the applicant the Army Good Conduct Medal for the period 30 October 1963 through 29 October 1965.

6.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show an entry for wounds received in hostile action.

7.  Item 41 (Awards and Decorations) of his DA Form 20 shows the: 

* Army Commendation Medal
* Armed Forces Expeditionary Medal (Vietnam) 
* Air Medal
* Army Good Conduct Medal (1st Award)
* Marksman Marksmanship Qualification Badge with Carbine Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar 

8.  The applicant's service personnel record does not contain general orders awarding him the Purple Heart and his complete military medical record was not available for the Board's review.

9.  The applicant was honorably released from active duty on 29 October 1965 by reason of expiration of term of service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his military service 


obligation.  The DD Form 214 he was issued at the time shows he completed 
2 years of total active service.  It further shows in:

	a.  Item 24c (Foreign and/or Sea Service) the entry "0  0  0" indicating no foreign service during his period of service;

	b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the:

* Army Commendation Medal
* Armed Forces Expeditionary Medal (Vietnam)
* Air Medal
* Marksman Marksmanship Qualification Badge with Carbine Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar 

	c.  Item 27 (Wounds received as a result of action with enemy forces [place and date, if known]) the entry "NONE."

10.  The applicant's name is not listed on the Vietnam casualty listing as being wounded in action.  His available military medical record is void of documentation showing he was wounded and that he received medical treatment from military personnel for his wounds.

11.  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 U.S. Army Human Resources Command, failed to reveal any orders awarding him any Purple Hearts, a Bronze Star Medal, a Silver Star, a Distinguished Flying Cross with oak leaf cluster, or the Air Medal (11th Oak Leaf Cluster).

12.  On 30 April 2009, a letter from the U.S. Army Human Resources Command to his Member of Congress filed in the applicant's official military personnel file (OMPF) states an award order for the Silver Star was not found in personnel files or historical records.  In addition, a review of historical casualty records for the Vietnam era did not show the applicant was a battle casualty.  This letter also provided detailed procedural guidance to the Member of Congress and the applicant for submission of award recommendations to the Army Decorations Branch in accordance with Title 10, U.S. Code, Section 1130.

13.  The applicant provided an excerpt from his military medical record that shows he received medical treatment on 23 June 1964 for a head wound.  The 


attending physician wrote, "THE PATIENT HIT (his) HEAD ON BACK OF TRUCK CAUSING A LACERATION OF SCALP WHICH REQUIRED SUTURES TO CLOSE.  PATIENT HAD NO OTHER INJURIES."

14.  The applicant provided a declassified unit history report for the 120th Aviation Company (Air Mobile Light) for the period 1 April 1964 through 31 December 1964.  Part V (Miscellaneous) of this report shows one killed in action and 18 wounded in action.  However, no personnel rosters were provided with the report to identify all the Soldiers wounded in action nor did the narrative summary identify him by name as being wounded in action by enemy forces.  

15.  He provided morning report records for the 120th Aviation Company (Air Mobile Light) from the National Archives and Records Administration that show on:

* 12 May 1964, he was reported as a gain 
* 23 May 1964, he was reported as assigned, not joined 
* 15 January 1965, he was advanced to specialist four (SP4)/E-4
* 26 January 1965, a miscellaneous entry for his MOS 

16.  He provided a journal entry from his personal diary for 23 June 1964 that states, "5 HOURS FLIGHT TIME.  BACK TO TAN SO NHUT AT 9:30….ON DISPENSARY TABLE FROM 9:45 TO 10:45…."

17.  He provided multiple copies of photographs that show him and members of his unit at their base camp and on aerial missions.  He identified himself in one picture with a guitar and a white bandage covering his forehead. 

18.  He provided an article titled, "Vietnam Veteran Awarded Distinguished Flying Cross" published in the December 2007 issue of the Disabled Veterans Association Magazine.  The applicant highlights the award recipient in the article, a member of the 145th Combat Aviation Brigade, who received the Distinguished Flying Cross after 42 years for his heroic actions on 9 February 1965 when he landed his helicopter to rescue crewmembers of a downed U.S. helicopter while under enemy attack.  

19.  He provided a second article titled, "King Cobras and a Purple Heart" from the March/April 2010 magazine of the Disabled Veterans Association Magazine highlighting an award recipient who received the Purple Heart more than
40 years after he was wounded in the Republic of Vietnam.  The Veteran said "HE WAS NOT AWARE OF BEING RECOMMENDED FOR IT AND HAD NOT RECEIVED THE MEDAL."


20.  References:

   a.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  In pertinent part, it directed that total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater (i.e. USARV [U.S. Army Vietnam] in which service was performed be entered in item 24c and in item 32 (Remarks).

	b.  Army Regulation 600-8-22 (Military Awards) 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.

	c.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This document shows that the unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 2 to 12 June 1964 by Department of the Army General Order Number 48, dated 1968.

	d.  Army Regulation 672-5-1 (Military Awards), then in effect, provided that the Purple Heart is awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services has been wounded, killed, or who has died as a result of 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 a medical officer, and the medical treatment must have been made a matter of official record.

	e.  Army Regulation 600-8-22 states the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.


	f.  Army Regulation 600-8-22 states the Distinguished Flying Cross is awarded to any person who, while serving in any capacity with the Army, distinguishes himself or herself by heroism or extraordinary achievement while participating in aerial flight.  The performance of the act of heroism must be evidenced by voluntary action above and beyond the call of duty.  The extraordinary achievement must have resulted in an accomplishment so exceptional and outstanding as to clearly set the individual apart from his or her comrades or from other persons in similar circumstances.  

	g.  Army Regulation 600-8-22 states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  

	h.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  Twenty-five category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal.

	i.  Army Regulation 600-8-22 states Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

21.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

22.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  Commander, U.S. Army Human Resources Command, ATTN: 


AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  During his active service, Army Regulation 635-5 provided that item 24c would show the total active duty served overseas and the last overseas command in which a Soldier performed.  He served in the Republic of Vietnam from 20 May 1964 to 19 May 1965, a duration of 1 year.  Therefore, he is entitled to a correction of his DD Form 214 to show he served a foreign service tour in Vietnam for a period of 1 year.

2.  General orders awarded him the Air Medal (8th Oak Leaf Cluster) [now known as the Air Medal with Numeral "9"] and the Army Good Conduct Medal.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Additionally, based on his service in the Republic of Vietnam, he is entitled to the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to a correction of his record to show these awards.

3.  There is no evidence the applicant was wounded as a result of hostile action at any time during his service in the Republic of Vietnam.  Therefore, there is no basis for granting this portion of his request.

4.  There are no orders in the applicant's available records or filed within ADCARS awarding him the Purple Heart, Silver Star, Distinguished Flying Cross, Bronze Star Medal, or the Air Medal with 11th Oak Leaf Cluster (Numeral "12").  

5.  While the available evidence is insufficient for awarding the applicant the the Distinguished Flying Cross, Bronze Star Medal, and the Air Medal with Numeral "12," this in no way affects the applicant’s right to pursue his claim for these awards by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.


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 c of his DD Form 214 the entry "0  0  0" and replacing it with the entry "USARV…1  0  0";

	b.  deleting from item 26 of his DD Form 214 the Air Medal;

	c.  adding to item 26 of his DD Form 214 the:

* Air Medal with Numeral "9"
* Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	d.  adding to item 32 of his DD Form 214 the entry "SERVICE IN VIETNAM FROM 19640520 - 19650519."
 
2.  The Board further determined 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:

* Silver Star
* Distinguished Flying Cross
* Purple Heart (2 awards)
* Bronze Star Medal
* Air Medal with Numeral "12"



3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by him in service to our Nation.  
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)                                         AR20100023090



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ABCMR Record of Proceedings (cont)                                         AR20100023090



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