IN THE CASE OF:	  

		BOARD DATE:	  7 February 2013

		DOCKET NUMBER:  AR20120013671 


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.

2.  The applicant states he:

* was injured when his plane crashed near the demilitarized zone on 25 December 1966
* he was hit by shrapnel in Hue, Vietnam on 13 May 1967
* he spent time in the Danang Hospital for his injuries

3.  He provides:

* his DD Form 214 
* two pages of his DA Form 20 (Enlisted Qualification Record)
* two 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's records show after prior enlisted service from 27 March 1956 to 13 September 1965, he was appointed as a warrant officer in the Army of the United States on 14 September 1965.  

3.  His Officer Record Brief shows in Section IX (Assignment History) he was assigned to the:

	a.  220th Aviation Company from August 1966 to September 1967 and

	b.  225th Aviation Company from July to August 1971.

4.  His DA Form 2-1 (Personnel Qualification Brief) shows in:

	a.  Item 5 (Overseas Service), he served in the:

		(1)  Republic of Vietnam from:

		(a)  10 August 1966 to 6 August 1967 and 

		(b)  15 June 1969 to 4 June 1970

		(2)  Republic of Korea from 2 January 1984 to 1 January 1985

	b.  item 38 (Record of Assignments), does not list his units of assignment in the Republic of Vietnam. 

5.  His name is listed on the Vietnam casualty roster as being wounded in action on 13 July 1967.

6.  On 31 May 1986, he was retired for length of service and assigned to the United Army Control Group (Retired).  He had completed 25 years and 9 days of active service.  Item 13 of his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was awarded the Army Service Ribbon, Army Aviator Badge, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with "1960" Device, Bronze Star Medal, 4 Overseas Service Bars, Senior Aviator Badge, Air Medal with Numeral 34, Army Commendation Medal, Aircraft Crewman Badge, Overseas Service Ribbon, Legion of Merit, Army Good Conduct Medal (2d award), and Master Aviation Badge.
7.  He submitted two undated newspaper articles wherein:

	a.  he was wounded by what he thought was enemy ground fire while flying
a cargo plane in the Republic of Vietnam, and 

	b.  10 American Servicemen were wounded during a grenade attack in a Hue Restaurant.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states that 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.

9.  A review of his record indicates he is entitled to additional awards and decorations that are not shown on his DD Form 214.

10.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following campaigns:

* Vietnam Counteroffensive, Phase II (1 July 1966-31 May 1967
* Vietnam Counteroffensive, Phase III (1 June 1967-29 January 1968
* 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)

11.  Army Regulation 600-8-22 also states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the:



	a.  220th Aviation Company was cited for award of the:

		(1)  Republic of Vietnam Gallantry Cross with Palm Unit Citation for action during the period 1 March 1966 to 26 March 1967 by Department of the Army General Orders (DAGO) Number 22, dated 1968; and 

		(2)  Presidential Unit Citation (Navy) during the period 29 March 1966 to 30 January 1967.

	b.  225th Aviation Company was cited for award of the Republic of Vietnam
Gallantry Cross with Gold Star for action during the period 1 May 1967 to 1 February 1970 by DAGO Number 11, dated 1973.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows he was wounded once as a result of hostile action.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Purple Heart for wounds received on 13 July 1967.

2.  There is no evidence of record that shows he was wounded and treated by a medical doctor for wounds received on 25 December 1965.  Therefore, he is not entitled to have his record corrected to show a second award of the Purple Heart.

3.  DAGOs also show the units to which the applicant was assigned were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Gallantry Cross with Gold Star and Presidential Unit Citation (Navy).  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  Records show the applicant participated in five campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of one silver service star to be worn on his already-awarded Vietnam Service Medal.

5.  The evidence of record shows the applicant served during a qualifying period for award of the KDSM.  Therefore, his records should be corrected to show this award.



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:

	a.  awarding him the Purple Heart for wounds sustained while serving in the Republic of Vietnam on 12 September 1969;

	b.  deleting the Vietnam Service Medal from his DD Form 214;

	c.  adding the Purple Heart, Vietnam Service Medal with one silver service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Gallantry Cross with Gold Star, Korea Defense Service Medal, and Presidential Unit Citation (Navy) to item 24 of his DD Form 214.

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 second award of the Purple Heart.



      _____________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)                                         AR20120013671



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ABCMR Record of Proceedings (cont)                                         AR20120013671



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