IN THE CASE OF:	  

		BOARD DATE:  2 July 2013

		DOCKET NUMBER:  AR20120021543 


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 and all awards he is entitled to.

2.  The applicant states:

   a.  He was wounded in combat in Vietnam and never received the documentation for this award.  Also, all of his awards are not shown on his DD Form 214.

   b.  On 22 September 1967, while stationed in Vietnam, he was inserting troops of the 25th Infantry into what was supposed to be a “cold” landing zone, when all of their aircraft began receiving enemy fire.  One of the first bursts of bullets hit his aircraft, critically wounding the co-pilot.  They continued to return fire and his aircraft continued to receive further hits, one of which severed a hydraulic line on the aircraft.  While flying back to Cu Chi he attempted to work on his co-pilot who had a severed artery in his neck.  They landed in Cu Chi and he helped the co-pilot into a waiting ambulance.

   c.  They were told to wait for someone from their company aircraft to come and pick them up.  During the wait he went to the living quarters of an acquaintance of his at Cu Chi and found him and his roommates there.  He was covered in blood and shaking.  His friend took a wet towel and started to wipe away some of the blood off him when it was realized, unbeknownst to him, that he had been hit in the head above the left eye.  His friend took him to the medical facility.  Sometime later he returned to his friend’s living quarters and he had two small adhesive strips above his eye closing the wound.  

   d.  Their company aircraft arrived and he and the remainder of his crew boarded it and flew back to their base.  His company commanded asked what happened and he relayed to him the story.  At the time, the company commander handed him a Purple Heart medal, but told him the paperwork would have to catch up with him because it would have to come through the medical facilities at Cu Chi.  He never thought much about the paperwork until his family requested he put together a Shadow Box with his medals.  He then realized the paperwork for the Purple Heart was missing.  Although he still has the original medal given to him by his company commander, he has refused to include it in any collection of medals unless he has the supporting paperwork.  

3.  The applicant provides copies of his DD Form 214 and an affidavit.

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 13 June 1966.  He completed training and was awarded military occupational specialty 67N (UH-1/AH-1G Helicopter Repairman).  He served in Vietnam from 13 September 1967 through 27 May 1968 during three campaigns.  He was assigned to the 188th Aviation Company. 

3.  He was honorably released from active duty in pay grade E-4 on 29 May 1968 and was transferred the U.S. Army Reserve.  He completed 1 year, 11 months, and 17 days of net active service with no time lost.  His DD Form 214 lists the:

* National Defense Service Medal
* Army Good Conduct Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* one overseas service bar
* Army Commendation Medal
* Bronze Star Medal with “V” Device
* Air Medal

4.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not reflect he was wounded or injured as a result of hostile action.  Item 41 (Awards and Decorations) of this form lists the:

* National Defense Service Medal
* Army Good Conduct Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* one overseas service bar
* Army Commendation Medal
* Bronze Stare Medal with “V” Device
* Air Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  There is no evidence in his service personnel record showing he was wounded during his period of service in Vietnam.  There are no official orders in his military personnel records authorizing him award of the Purple Heart.

6.  He provides a copy of an affidavit wherein the individual stated:

   a.  On or about 22 September 1967, the applicant came into his hooch covered in blood and physically shaking.  The applicant explained to him and several of his roommates that his helicopter had been shot-up on a hot approach into a landing zone while dropping off troops.  The applicant’s co-pilot had been shot in the neck as the entire aircraft took on heavy fire.  

   b.  The applicant stated that after returning fire, his aircraft, while severely damaged, headed for the closest base with a runway because they had lost tail rotor function and needed to make a sliding landing.  While on the way back to Cu Chi, the applicant attempted to save his co-pilot whose jugular vein had been hit and while doing so was covered in blood.

   c.  He sat the applicant down, tried to calm him, and got a towel to wipe away some of the blood that covered him from head to toe.  While doing so, he realized the applicant had a head wound above his left eye.  The applicant told                                                                                                                               them during the fire fight he remembered being knocked backward but didn’t realize that he had been hit.  Although it wasn’t a serious wound, he felt it needed medical attention.  He showed the applicant where the medics were and about 20 minutes later the applicant returned with what appeared to be two small adhesive strips closing the wound.  Shortly thereafter the applicant left and headed back to the flight line.

7.  The Vietnam casualty listing does not show his name.

8.  Review 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 any orders for the Purple Heart pertaining to the applicant.

9.  Army Regulation 600-8-22 (Military Awards) 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.

	b.  The regulation 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.  

	c.  The regulation further provides for award of the Purple Heart to individuals wounded or killed as a result of “friendly fire” in the “heat of battle” as long as the “friendly” projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.

	d.  A bronze service star is authorized to be worn with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.   

10.  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 his unit, the 188th Aviation Company, was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 27 March 1967-17 May 1968, by Department of Army General Orders 21, dated 1969.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.  It would now be appropriate to correct his DD Form 214 to show these stars.

2.  The evidence also shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  These awards are not shown on his DD Form 214. He is therefore entitled to correction to his DD Form 214 to show these awards.

3.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation when he was assigned to the unit.  Therefore, it would also be appropriate to correct his DD Form 214 to show this unit award.

4.  With respect to the award of the Purple Heart:

	a.  The criteria for the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  The applicant's service record is void of any evidence that shows he was wounded or injured as a result of combat.  His name is not listed on the Vietnam casualty roster, and his DA Form 20 does not indicate he received a combat related wound.  Additionally, his medical records, which are necessary to confirm that treatment was required, are not available for review. 

	c.  Notwithstanding the applicant's contention and his sincerity, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.

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:

* deleting from his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the:

* Vietnam Service Medal with three bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 award of the Purple Heart and its addition to his DD Form 214.



      _______ _  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)                                         AR20120021543





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ABCMR Record of Proceedings (cont)                                         AR20120021543



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