IN THE CASE OF:	  

		BOARD DATE:	  23 October 2012

		DOCKET NUMBER:  AR20120006702 


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 the Purple Heart, Crew Chief Wings, Air Medals, and any unit awards to which he is authorized.

2.  The applicant states:

* he received a broken nose while under a hostile rocket attack in April 1970
* he was a crew chief from January 1970 to August 1970
* he should have received Crewmember Wings and Air Medals
* his Official Military Personnel File (OMPF), now known as the Army Military Human Resource Record (AMHRR), clearly shows the combat operations in which he participated
* his separation physical references nasal bruising in April 1970
* during an assault on their position, when driving into the bunker, he hit the bridge of his nose on the upper portion of the bunker and lost consciousness
* when he regained consciousness, he was in the main hospital located at Chu Lai, Vietnam

3.  The applicant provides:

* A Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), dated 27 January 2012
* pages 3 and 4 of his DA Form 20 (Enlisted Qualification Record)
* 
page 2 of his separation Standard Form (SF) 88 (Report of Medical Examination)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

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 enlisted in the Regular Army on 9 July 1968 for a period of
3 years.  He completed training in military occupational specialty (MOS) 67N (UH-1 Helicopter Repairman).  He arrived in Vietnam on 17 January 1969 and he was assigned to the 176th Aviation Company.  He served as a helicopter repairman from 19 January 1969 through 31 December 1969 and as a crew chief from 1 January through 20 August 1970.

3.  He departed Vietnam on 21 August 1970 for reassignment to Fort Hood, TX.

4.  His record does not contain evidence of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.

5.  On 8 July 1971, he was honorably released from active duty at the expiration of his term of service.  He completed 3 years of total active service with no time lost.  The DD Form 214 he was issued at the time shows award of the:

* National Defense Service Medal
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* 
Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  The applicant’s DA Form 20 shows in:

* item 38 (Record of Assignments) he received all "excellent" conduct and efficiency ratings throughout his service
* item 40 (Wounds) no entry (blank)

7.  There is no evidence of record and the applicant did not provide sufficient evidence that shows he was injured/wounded as a result of hostile action by enemy forces.

8.  The applicant provides page 2 of his separation SF 88 that indicates he had nasal bruising in April 1970.

9.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name as a casualty.

10.  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 or any Air Medals pertaining to the applicant.

11.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  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.  It also states that when contemplating an award of the Purple Heart the key issue commanders must take into consideration is the degree to which the enemy caused the injury.  

	b.  In paragraph 2-13, a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  A silver service star will be worn on this medal in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following six campaigns:
* 
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, promulgated Department of the Army policy, criteria, and administrative instructions concerning individual military awards.  It stated:

		a.  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.

		b.  Commanders of any unit with Army aircraft assigned could publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge.  To be eligible for temporary award of the Aircraft Crew Member Badge an individual had to be on flying status in the case of crew chiefs, electronic sensor system operators, and flight engineers or as a non-crewmember in the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors.  Individuals were also required to be qualified based on a Class III physical examination and to hold a principal duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector.  These personnel were authorized to wear the badge temporarily until relieved from those duties or they could be authorized permanent wear of the Aircraft Crew Member Badge once they fulfilled the regulatory requirements for permanent award of the badge.

		c.  For permanent award of the Aircraft Crew Member Badge, an individual must have performed in one of the duties specified above for not less than
12 months (not necessarily consecutive).  Personnel who were precluded by 

incapacitation from further flight duty due to wounds sustained as a result of hostile action or injuries resulting from an aircraft accident for which they were not personally responsible were entitled to permanent wear of the Aircraft Crew Member Badge.  Further, an individual who participated in at least 15 combat 
missions under probable exposure to enemy fire while serving in the principal duty of crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector was entitled to permanent award of the Aircraft Crew Member Badge.

13.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  It stated passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  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.  However, the regulation was clear that these guidelines were considered only a departure point.  

14.  Appendix IV required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status would be submitted on USARV Form 157-R.  The recommendation for award must also have stated that the individual "met the required number of missions and hours for award of the Air Medal"; that "the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident"; and that the "individual's accomplishments and service throughout the period have reflected meritorious performance, with no instance of nonprofessionalism, mediocrity, or failure to display an aggressive spirit."

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August 1969 through 31 December 1969 and 31 March 1970 through 30 June 1970 by Department of the Army General Orders Number 42, dated 1972.

16.  Paragraph 6 (Miscellaneous Information) of this pamphlet states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation 

may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and his supporting evidence has been considered.

2.  The applicant provided evidence that shows he bruised his nose in April 1970 while serving in Vietnam; however, there is no evidence of record and he did not provide sufficient evidence that shows his injury/wound was the result of hostile enemy action.  His name is not listed on the Vietnam casualty listing.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

3.  Records show he performed duties as a helicopter repairman and crew chief during his assignment in Vietnam.  However, there is no evidence of record and he did not provide any evidence that shows he met the minimum criteria for award of the either the Air Medal or the Aircraft Crew Member Badge.  Therefore, there is an insufficient evidentiary basis for granting these portions of his request.

4.  Records show he received all "excellent" conduct and efficient ratings throughout his service.  There is no evidence of any disciplinary actions or a commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 9 July 1968 through 8 July 1971 and to correct his DD Form 214 to show this award.

5.  Records show the applicant participated in six campaigns during his service in Vietnam.  Therefore, he is entitled to one silver service star and one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 should be corrected to show these bronze service stars.

6.  His unit in Vietnam was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Although he is only authorized to wear one of these awards his DD Form 214 should be corrected to show both unit awards.  Therefore, his DD Form 214 should be corrected accordingly.


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 his DD Form 214 the Vietnam Service Medal with one silver service star;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
9 July 1968 through 8 July 1971; and

	c.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star and one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)

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 awarding him the Purple Heart, any Air Medals, or the Aircraft Crewmember Badge.



      ____________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)                                         AR20120006702



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120006702



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1