IN THE CASE OF:	  

		BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100023343 


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:

* Purple Heart (PH)
* oak leaf clusters (OLC) for his Air Medal (AM)
* four overseas service bars
* five battle stars for his Vietnam Service Medal (VSM)
* Valorous Unit Award (VUA)
* Vietnam Cross of Gallantry Unit Citation
* any other unit awards

2.  He also requests conversion of his second Bronze Star Medal (BSM) to a BSM with OLC.

3.  The applicant states he has two independent awards of the BSM and, while he was awarded the AM and AM with "V" Device, he was never awarded OLC's.  As for the PH, he explains that when the helicopter he was in was ambushed, shrapnel from a bullet that went through the toe pedal hit his right shin.  When he returned to his quarters, he and his roommate used a desk lamp and tweezers to remove the shrapnel and then applied iodine to the area.  However, when the wound became infected, the unit's medic cleaned the wound and used a more effective antiseptic.

4.  In a memorandum for record the applicant details his efforts to locate the medic who treated his wound.

5.  The applicant provides additional documents as listed in his addendum to his application.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests the applicant be awarded the PH, a second BSM, and OLC's for his AM.

2.  Counsel states the applicant has been unable to locate the medic who treated his wounds, but has submitted a witness statement.

3.  Counsel does not provide any additional evidence.

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's military records show he served in the Regular Army as an enlisted Soldier from 16 November 1965 to 8 April 1968.  He was appointed as a U.S. Army Reserve warrant officer on 9 April 1968 with concurrent call to active duty.  He was awarded the military occupational specialty of rotary wing pilot, served in Vietnam from 8 September 1966 to 31 March 1967 and again from 29 December 1968 to 28 December 1969, and was promoted to chief warrant officer two.  On 25 August 1970, he was honorably discharged to accept a U.S. Army Reserve commission and he served on active duty as a commissioned officer from 26 August 1970 to 26 April 1972.

3.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued for the period ending 25 August 1970 shows he was awarded the:

* National Defense Service Medal
* Army Aviator Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Army Good Conduct Medal (1st Award)
* AM
* AM with "V" Device
* Distinguished Flying Cross (DFC)
* BSM
* Army Commendation Medal (ARCOM)
* Sharpshooter Marksmanship Qualification Badge
* two overseas service bars

4.  The applicant provided orders for the following awards and periods indicated:

* ARCOM for the period 1 January to 31 May 1969
* BSM for the period 1 January to 31 August 1969
* BSM for the period December 1968 to December 1969
* AM with "V" Device
* DFC

5.  The applicant's official military personnel file does not contain orders for the PH, a second BSM, or additional awards of the AM.

6.  The Vietnam casualty roster does not list the applicant's name.

7.  The DA Forms 759-1 (Individual Flight Record and Flight Certificate – Army) show the applicant flew 169 combat missions in Vietnam.

8.  DA Forms 67-6 (U.S. Army Officer Efficiency Report) contained in the applicant's records show he was assigned to Company C, 159th Assault Helicopter Battalion, from 18 September 1968 to 31 January 1969; Company A, 159th Assault Helicopter Battalion, from 1 February 1969 to 25 August 1969; and 242d Aviation Company from 25 August 1969 to 17 November 1969.

9.  The applicant submitted a statement from a retired chief warrant officer four who identified himself as the applicant's roommate in Vietnam.  This officer states that while in Vietnam his helicopter was ambushed and shot up by enemy soldiers with small arms fire.  When he returned from the mission he discovered that one of the rounds that hit the helicopter entered the right side of the cockpit in the lower escape door frame and exited through the right chin bubble after going through the right toe pedal.  This caused shrapnel from the toe pedal to enter the applicant's right shin.  He observed the applicant removing metal splinters from his right shin.  He adds that the applicant went to the company medic for medical attention when his right shin became infected from the wounds.

10.  References:

	a.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the AM.  For the AM, combat missions were divided into three categories.  A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force or delivery of friendly troops or supplies into the immediate combat operations area.  A category II mission was characterized by support rendered to a friendly force immediately before, during, or immediately following a combat operation.  A category III mission was characterized by support of friendly forces not connected with an immediate combat operation but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire or under hazardous weather or terrain conditions.

	b.  To be recommended for award of the AM, an individual must have completed a minimum of 25 category I missions, 50 category II missions, or 100 category III missions.  Since various types of missions would have been completed in accumulating flight time toward award of an AM for sustained operations, different computations would have had to be made to combine category I, II, and III flight times and adjust it to a common denominator.

	c.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 159th Aviation Battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the 242d Aviation Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for periods which included the dates the applicant was assigned to those units.  This pamphlet also shows the pertinent identified campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Those periods are:  Counteroffensive Phase III (1 July 1966 through 29 January 1968), Counteroffensive Phase VI (2 November 1968 through 22 February 1969), Tet 69 Counteroffensive 1969 (23 February 1969 through 8 June 1969), Vietnam Summer-Fall 1969 (9 June 1969 through 31 October 1969), and Vietnam Winter-Spring 1970 (1 November 1969 through 30 April 1970).  A silver service star is worn in lieu of five bronze service stars.

	d.  Army Regulation 600-8-22 (Military Awards) provides that the PH is awarded for wounds sustained as a result of hostile action.  Substantiating evidence must be provided to verify 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.  Paragraph 1-19 of Army Regulation 600-8-22 states that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.  The award of a decoration in recognition of a single act of heroism or meritorious achievement does not preclude an award for meritorious service at the termination of an assignment.  Recommendations for award of a decoration for meritorious service will not refer to acts of heroism or meritorious achievements which have been previously recognized by award of a decoration.  Continuation of the same or similar type service already recognized by an award for meritorious service or achievement will not be the basis for a second award.  If appropriate, an award may be made to include the extended period of service by superseding the earlier award, or the award previously made may be amended to incorporate the extended period of service.

	f.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) governs the requirements for the overseas service bars.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The only evidence the applicant was wounded is the statement from his roommate.  Since award of the PH requires the wound to be treated by a medical officer and there is no evidence the applicant received such treatment, there is insufficient basis in which to award him the PH.

2.  In addition, this was obviously a minor wound as evidenced by the applicant's statement that he and his roommate removed the shrapnel with tweezers in their quarters.  Soldiers routinely sustain small injuries in combat and treat these wounds themselves.  The PH is meant, by definition, for Soldiers whose wounds are of the severity to warrant treatment by a medical officer.

3.  As for adding a second BSM, Army regulations state that only one decoration will be awarded for the same act, achievement, or period of meritorious service.  The periods of service for the applicant's two BSM's overlap.  As such, it would appear that one BSM was revoked.  This would explain why a second BSM was not in the applicant's records.

4.  In regard to additional awards of the AM, the applicant's flight records show he flew a total of 169 combat missions in Vietnam.  However, there is no indication whether these were category I, II, or III combat missions.  Since 100 category III missions are required for award of an AM, a presumption of regularity must be applied in this case that the applicant was awarded the proper number of AM's.

5.  The applicant is entitled to the addition of Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award), the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one silver service star to be affixed to his VSM based on his assignments in Vietnam.  There is no evidence any of his units were awarded the VUA while the applicant was assigned to them.

6.  Finally, the applicant was entitled to one overseas service bar for the period 3 September 1966 to 31 March 1967 (one for every 6 months) and two overseas service bars for the period 29 December 1968 to 28 December 1969, for a total of four overseas service bars.  As such, he is entitled to have his records corrected to reflect three overseas service bars.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 to the applicant's DD Form 214 for the period ending 25 August 1970 the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award), the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, one silver service star to be affixed to his VSM, and three overseas service bars.

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 the PH, additional AM's, adding a second BSM, and adding the VUA.



      ___________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)                                         AR20100023343



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ABCMR Record of Proceedings (cont)                                         AR20100023343



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