IN THE CASE OF:

		BOARD DATE:  29 January 2013

		DOCKET NUMBER:  AR20120012722
 

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, in effect, award of the Purple Heart, Bronze Star Medal and the Aircraft Crew Member Badge and the awards added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)..

2.  The applicant states he was wounded in Vietnam when he was involved in an air assault in April (1970).  He was sent to a hospital in Saigon where he was treated.  He would like to know if he deserves a Purple Heart.  His military occupational specialty (MOS) in Vietnam was door gunner.  His crew chief showed the applicant his DD Form 214 where he was awarded an Aircraft Crew Member Badge and a Bronze Star Medal.  The applicant feels he should also receive those awards as he and the crew chief flew every mission together.  

3.  The applicant provides copies of:

* Standard Form (SF) 600 (Chronological Record of Medical Care), dated 
4-6 April 1970
* his request pertaining to military records to the National Archives and Records Administration (NARA) requesting  

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 17 March 1969.  He completed training and was awarded MOS 63H (Automotive Repairman). 

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Record of Assignments) that he was assigned in Vietnam as:  

		(1)  a Wheel and Track Mechanic in the 160th Maintenance Company from 17 November 1969 through 9 April 1970; 

		(2)  an Engine and Power Train Repairman in Company B, 229th Aviation Battalion, 1st Air Cavalry Division from 10 April 1970 through 14 July 1970; and 

		(3)  a Door Gunner (MOS 67A), in Company B, 229th Aviation Battalion, 1st Air Cavalry Division from 15 July through 24 October 1970. 

	b.  item 41 (Awards and Decorations) the:

* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal with "V" Device
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
 
4.  The applicant's DD Form 214 shows he was honorably released from active duty on 13 December 1971, as a specialist four/E-4.  He had completed 2 years, 8 months, and 27 days of total active service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 and a 
23 February 2010, DD Form 215 (Correction to DD Form 214) shows the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal with "V" Device
* Army Commendation Medal 
* Valorous Unit Award
* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Auto Rifle Bar

6.  There is no available evidence showing he was recommended for or awarded the Bronze Star Medal. 

7.  His service medical records are not available.  His name does not appear on the Vietnam Casualty Roster.

8.  The applicant provided a Chronological Record of Medical Care, which show he was treated on 4 April 1970 for a small cut to the left of his left eye.  The cut was washed and a butterfly bandage applied.  There is no notation as to how the wound was sustained.  

9.  A 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 orders awarding the applicant the Purple Heart or the Bronze Star Medal.

10.  Army Regulation 600-8-22 (Military Awards) provides:

	a.  the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  A wound is defined as an injury to any part of the body from an outside force or agent sustained under hostile action.  A physical lesion is not required, however, the wound for which the award is made must have required treatment by medical personnel and records of medical treatment for wounds or injuries received in action must have been made a matter of official record; and 
   
	b.  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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  
   
11.  Army Regulation 672-5-1 (Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crew Member Badge.  The regulation authorized the commander of any unit with Army aircraft assigned to publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge.  

	a.  To be eligible for temporary award of this badge an individual had to be on flying status as a crew chief 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.  The regulation also required individuals 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 are authorized to wear the badge temporarily until relieved from these duties or they may be authorized permanent wear of the Aircraft Crew Member Badge once they have fulfilled the regulatory requirements for permanent award of the badge.

	b.  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) or must have been school trained for a principal duty specified above.  Personnel who are 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 are not personally responsible are entitled to permanent wear of the Aircraft Crew Member Badge.  Further, an individual who has 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 is entitled to permanent award of the Aircraft Crew Member Badge.

DISCUSSION AND CONCLUSIONS:

1.  There are no available orders showing he was recommended for or awarded the Bronze Star Medal.

2.  There is no available evidence showing the applicant qualified for permanent award of the Aircraft Crew Member Badge.

3.  The applicant provides a record of medical treatment; however, there is no official documentation to show the applicant was wounded or that he received treatment for wounds as a result of hostile action; therefore, the evidence is insufficient to base award of the Purple Heart.

4.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  _____ __  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ___X__ _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _  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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20120012722



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