IN THE CASE OF:	  

		BOARD DATE:	  18 June 2013

		DOCKET NUMBER:  AR20120021601 


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.

2.  The applicant states the Purple Heart was awarded on 23 August 1972 but was never added to his DD Form 214.

3.  The applicant provides:

* Letter to the National Archives
* Letter from the National Personnel Records Center
* U.S. Army Vietnam (USARV) Form 130-R (USARV Casualty Report)
* DD Form 214
* Biography of another Soldier who was killed in action

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 contemporaneous records (1969 to 1972) are not available for review with this case.  However, he provides a DD Form 214 which together with other subsequent service records are sufficient for the Board to conduct a fair and impartial review of this case.

3.  His DD Form 214 shows after having had prior enlisted service, the applicant was appointed as a U.S. Army Reserve (USAR) commissioned officer and entered active duty on 8 March 1969.  

4.  He was trained as a Rotary Wing Helicopter Pilot and served in Vietnam from 9 May 1970 to 10 May 1971.  He was assigned to A Troop, 3rd Squadron, 17th Cavalry.  

5.  He was honorably released from active duty on 5 April 1972 and he was transferred to the USAR.  His DD Form 214 shows the:

* Bronze Star Medal with 1st oak leaf cluster
* Army Aviator Badge
* Air Medal
* Vietnam Service Medal with two bronze service stars
* Army Commendation Medal
* Republic of Vietnam Campaign Medal with 1960 Device

6.  Item 21 (Awards and Decorations) of his DA Form 66 (Officer Qualification Record) lists some of the awards listed on his DD Form 214 in addition to the National Defense Service Medal and the Air Medal (2nd through 35th Award) awarded by General Orders Number 5426, issued by Headquarters, 1st Aviation Brigade, on 22 July 1971

7.  Item 23 (Qualification in Arms) of his DA Form 66 shows he qualified sharpshooter with the M-16 rifle and the .45 Caliber pistol and marksman with the .38 Caliber pistol. 

8.  He provides a USARV Form 130-R which shows he sustained white phosphorous burns to the upper neck and left hand and arm, on 6 December 1970.  He was piloting an aircraft in Vietnam at the time and as the aircraft observer was preparing to pop a white phosphorous grenade on an enemy target, the aircraft received enemy fire.  The observer dropped the grenade inside the aircraft as it went off.  The pilot suffered burns trying to get the grenade out of the aircraft and made a crash landing.  He was hospitalized at the 93rd Evacuation Hospital, Long Binh.  

9.  His record contains a Standard Form 88 (Report of Medical Examination) dated 18 February 1973 that shows he suffered burns to his neck as a result of white phosphorous in 1970.

10.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against and 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.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and concussion injuries caused as a result of enemy-generated explosions.

11.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows A Troop, 3rd Squadron, 17th Cavalry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 21 February 1970 to 28 February 1971 by DAGO Number 42, dated 1972
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation for the period 1 May 1969 through 15 May 1970 by DAGO 55, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records do not contain orders awarding him the Purple Heart.  However, he contends he was awarded the Purple Heart and provides a USARV Casualty Report that clearly shows he sustained an injury on 6 December 1970 that was caused by the enemy and that also shows he was treated at the 93rd Evacuation Hospital in Vietnam.  Therefore, there is sufficient evidence to show he was awarded the Purple Heart and this award should be added to his DD Form 214.

2.  He was awarded the National Defense Service Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 
3.  He was awarded 35 awards of the Air Medal.  His DD Form 214 listed only one award.  Therefore, he is entitled to correction of his DD Form 214 to show all 35 awards.

4.  He qualified sharpshooter with the M-16 rifle and the .45 Caliber pistol and marksman with the .38 Caliber pistol. Therefore, he is entitled to award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and Pistol Bar (.45 Caliber) and the Marksman Marksmanship Qualification Badge with Pistol Bar (.38 caliber) and correction of his DD Form 214 to show these badges.

5.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

BOARD VOTE:

____X____  ___X_____  __X______  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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:

* deleting from his DD Form 214 for the period ending 5 April 1972 the Air Medal
* adding to his DD Form 214 for the period ending 5 April 1972 the:

* Air Medal (1st through 35th Award)
* National Defense Service Medal
* Purple Heart
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.38 Caliber)



      _______ _   __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)                                         AR20120021601





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120021601



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1