IN THE CASE OF:	  

		BOARD DATE:	    13 April 2011

		DOCKET NUMBER:  AR20100024721 


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 his award of the Purple Heart.

2.  The applicant states that he served as a door gunner with Company B,
7th Squadron, 17th Air Cavalry Regiment, he was hit by small arms fire, and he was medically evacuated to Okinawa for treatment.  However, before he departed Pleiku a Purple Heart was pinned on his uniform and that award is not contained on his DD Form 214.

3.  The applicant provides no additional documents with his application.

CONSIDERATION OF EVICENCE:

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 on 31 December 1970 for a period of 3 years and training as an aircraft maintenance apprentice.  He completed his basic training at Fort Ord, CA and his advanced individual training at Fort Eustis, VA before being transferred to Vietnam on 2 September 1971.

3.  He was initially assigned to B Troop, 7th Squadron, 17th Air Cavalry Regiment as a door gunner from 8 September 1971 through 25 April 1972.  He was advanced to the rank/grade of specialist four (SP4)/E-4 on 14 February 1972.  He was then reassigned to Headquarters and Headquarters Troop,
17th Air Cavalry Regiment as a door gunner from 26 April through 8 May 1972.

4.  On 9 May 1972, he was transferred to the U.S. Army Hospital in Okinawa as a patient.  On 4 June 1972, he was transferred to Madigan General Hospital in Tacoma, WA and on 12 July 1972 he was transferred to Fort Carson, CO where he remained until he was honorably released from active duty (REFRAD) on
1 October 1973 and was transferred to a Washington Army National Guard (WAARNG) unit.

5.  He served 2 years, 9 months, and 1 day of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with one bronze service star
* Aircraft Crewman’s Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* two overseas service bars

6.  The applicant’s record shows no indication of his being wounded or being awarded the Purple Heart and his name is not contained on the Vietnam casualty listing.  However, his record contains General Orders Number 2936, issued by Headquarters, 1st Aviation Brigade, dated 10 October 1972, awarding him the Distinguished Flying Cross for heroism on 5 May 1972.  The citation for this award states, in part,

…Despite the intense volume of fire which filled the sky surrounding the aircraft and despite the enemy round striking the aircraft and seriously 


wounding him, (the applicant) overcame his physical pain and began returning accurate fire directly into the open face of the large bunker below which was now pouring machine gun fire back at the crippled aircraft….

7.  The applicant’s record also contains:

* General Orders Number 572, issued by the same headquarters, dated
23 February 1972, that awarded him the Air Medal for meritorious achievement for the period 25 September 1971 to 12 October 1971
* General Orders Number 1329, issued by the same headquarters, dated
5 May 1972, that awarded him the Air Medal with "V" Device for heroism on 13 February 1972
* a letter from Headquarters, U.S. Army Vietnam, subject:  Authorization for Individual Foreign Award, dated 30 October 1972, authorizing him to accept and wear the Cross of Gallantry with Gold Star [now known as the Republic of Vietnam Gallantry Cross with Gold Star] presented by the Government of the Republic of Vietnam

8.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows that he had "excellent" conduct and efficiency ratings throughout his service.  His record is also void of any derogatory information that would serve to disqualify him for the first award of the Army Good Conduct Medal.

9.  A search 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 awarding the applicant the PH.

10.  Army Regulation 600-8-22 (Military Awards) provides that the PH is awarded for a wound 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 personnel, and the medical treatment must have been made a matter of official record.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all 


"excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

12.  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 following three campaigns:

* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)
* Vietnam Ceasefire Campaign (30 March 1972 - 28 January 1973)

13.  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 Headquarters and Headquarters Troop,
17th Air Cavalry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1970 through 31 August 1972 by Department of the Army General Order Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was awarded the Purple Heart has been noted and appears to have merit.  Although the applicant has not provided and the record does not contain orders awarding him the Purple Heart, the applicant was awarded the Distinguished Flying Cross for heroism on 5 May 1972 and the citation clearly states that he was seriously wounded during that action, which also coincides with his medical evacuation. 

2.  Accordingly, it is reasonable to presume that he was in fact awarded the Purple Heart as he claims and that award should be added to his DD Form 214 at this time.

3.  General orders awarded the applicant the Distinguished Flying Cross.  Therefore, his DD Form 214 should be corrected to show this award.

4.  General orders awarded the applicant the Air Medal and the Air Medal with "V" Device.  Therefore, his DD Form 214 should be corrected to show the Air Medal (2nd Award) and with "V" Device.


5.  The applicant was cited for award of the Republic of Vietnam Gallantry Cross with Gold Star by the Government of the Republic of Vietnam, which was authorized for acceptance and wear by Headquarters, U.S. Army Vietnam.  Therefore, his DD Form 214 should be corrected to show this foreign award.

6.  A review of the applicant's record shows he had "excellent" conduct and efficiency ratings throughout his period of service and his record contains no derogatory information that would served to disqualify him for the first award of the Army Good Conduct Medal.  Therefore, it appears that the failure to award him the first award of the AGCM was the result of an administrative error.  Accordingly, he should be awarded the Army Good Conduct Medal (1st Award) for the period 31 December 1970 to 1 October 1973 and his DD Form 214 should be corrected to show this award.

7.  The applicant also served in three campaigns while in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

8.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his
DD Form 214 should be corrected to show this unit award.

BOARD VOTE:

___X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  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 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 with one bronze service star;


	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
31 December 1970 through 1 October 1973; and

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

* Distinguished Flying Cross
* Purple Heart
* Air Medal (2nd Award) and with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Cross of Gallantry with Gold Star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  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)                                         AR20100024721



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ABCMR Record of Proceedings (cont)                                         AR20100024721



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