IN THE CASE OF:

		BOARD DATE: 6 June 2013

		DOCKET NUMBER:  AR20120020836 


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 show award of the Purple Heart (PH) and Korea Defense Service Medal (KDSM).

2.  The applicant states he was wounded in the Republic of Vietnam (RVN) but was never awarded the PH.  He contends his wounds occurred during aerial combat when his M-60 machine gun exploded as the result of enemy round(s) hitting the flash suppressor and lodging in the barrel.

3.  The applicant provides copies of his DD Form 214 for the period ending 30 June 1989 and the Western Union message sent to his father in 1968.

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.  On 27 April 1967, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 67N (Single Rotor Turbine Helicopter Mechanic).

3.  On or about 4 November 1967, the applicant arrived in the RVN and was assigned to the 175th Assault Helicopter Company.

4.  The Western Union message provided by the applicant reports that he was slightly wounded as a result of hostile action on 30 September 1968.  It further states that at the time of his wounding he was a crew chief on a military aircraft on a combat mission when he received powder burns and metal fragment wounds to his face with a foreign body in his right eye.  He was treated and hospitalized in the RVN.

5.  On or about 3 November 1968, the applicant departed the RVN for duty in the United States.

6.  On or about 25 October 1969, the applicant departed the United States and arrived in the Federal Republic of Germany (FRG).  He did not complete this overseas tour.

7.   On or about 6 May 1971, the applicant was again assigned for duty in the RVN.  His assignments in the RVN included:

	a.  Company A, 227th Aviation Company, effective 16 May 1971;

	b.  390th Transportation Company, effective 28 July 1971; and

	c.  Company A, 227th Aviation Company (re-designated as the 3rd Aviation Company) effective on or about 2 October 1971.

8.  On 9 March 1972, the applicant departed the RVN and returned to the United States.

9.  On 6 November 1976, the applicant departed the United States for another tour of duty in the FRG.  He completed a 36-month overseas tour and returned to the United States on or about 5 November 1979.

10.  On or about 19 April 1984, the applicant departed the United States for duty in the Republic of Korea (ROK).  He completed a 12-month overseas tour and returned to the United States.

11.  On 30 June 1989, the applicant retired due to length of service.  He had attained the rank of first sergeant/pay grade E-8 and completed 22 years, 2 months, and 5 days of creditable active duty service.

12.  The applicant's DD Form 214 for the period ending 30 June 1989 shows his awards as:

* National Defense Service Medal
* Vietnam Service Medal (VSM) with five campaign stars
* Army Commendation Medal with 2nd Oak Leaf Cluster
* Army Service Ribbon
* RVN Campaign Medal
* Drill Sergeant Identification Badge
* Meritorious Service Medal with 1st Oak Leaf Cluster
* Army Achievement Medal
* Noncommissioned Officer Professional Development Ribbon with Numeral 3
* Army Good Conduct Medal (7th Award)
* Army Commendation Medal with "V" Device
* Air Medal with 29th Oak Leaf Cluster
* three overseas service bars
* Air Medal with "V" Device

13.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.

14.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he was awarded the Expert Marksmanship Qualification Badge with Rifle and Pistol Bars.

15.  The applicant's service medical records are not available for review.

16.  The applicant's name is not on the Vietnam casualty roster.

17.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the PH.  ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch.

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

	a.  The PH may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed or who has died or may die after being wounded in any action against an enemy of the United States.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required medical treatment, and the medical treatment must have been made a matter of official record.

	b.  The 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 ROK.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	c.  Effective 1 August 1981, the Overseas Service Ribbon (OSR) is authorized for award to all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve for successful completion of overseas tours.  The OSR may be awarded retroactively to those personnel who were credited with normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the OSR.

	d.  Based on the applicant's dates of service in the RVN, appendix B indicates that he participated in the following eight campaigns and is authorized a bronze service star for wear on the VSM for participation in each campaign (a silver service star denotes five bronze service stars):

* Vietnam Counteroffensive Phase III
* Tet Counteroffensive
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI
* Vietnam Counteroffensive Phase VII
* Consolidation I
* Consolidation II

19.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN.  This pamphlet shows the 175th Aviation Company was cited in Department of the Army General Orders Number 46, dated 1969, for award of the RVN Gallantry Cross with Palm Unit Citation during the time of the applicant's assignment.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the PH and KDSM.

2.  The available evidence shows the applicant was wounded while engaging the enemy as a machine gunner in an assault helicopter.  The applicant's contention that his machine gun exploded as a result of being struck by enemy fire is sufficiently convincing when considered in conjunction with the Western Union telegram stating he was wounded as a result of hostile action.  Therefore, he is entitled to award of the PH.

3.  The available evidence clearly shows the applicant completed four overseas tours of duty, including a 12-month tour in the ROK.  Therefore, he is authorized the KDSM and OSR with Numeral 4.

4.  The available evidence clearly shows the applicant participated in eight campaigns during his service in the RVN.  Therefore, he is authorized one silver service star and three bronze service stars to be affixed to his already-awarded VSM.

5.  The applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  Records show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle and Pistol Bars.  Therefore, his DD Form 214 should be corrected to show this badge.

BOARD VOTE:

___x____  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  awarding him the PH for wounds received in action on 30 September 1968;

	b.  deleting the VSM with five campaign stars from his DD Form 214 for the period ending 30 June 1989; and

	c.  adding the following awards to his DD Form 214 for the period ending 30 June 1984:

* PH
* VSM with one silver service star and three bronze service stars
* KDSM
* OSR with Numeral 4
* RVN Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle and Pistol Bars



      _______ _   _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)                                         AR20120020836



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ABCMR Record of Proceedings (cont)                                         AR20120020836



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