IN THE CASE OF:	  

		BOARD DATE:	  8 August 2013

		DOCKET NUMBER:  AR20130000666 


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 he received the Purple Heart after his discharge but his DD Form 214 does not reflect it.

3.  The applicant provides:

* Letter from the American Legion, Detroit, MI, dated 19 December 2012
* Letter from The Adjutant General to his spouse, dated 31 July 1969
* DD Form 214

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 was inducted into the Army of the United States on 26 May 1966 and he held military occupational specialty 64B (Heavy Vehicle Driver).  He served in Vietnam from 19 November 1966 to 11 November 1967.  He was assigned to the:

* 335th Aviation Company from 29 November 1966 to 6 April 1967
* 187th Aviation Company, 269th Combat Aviation Battalion, 1st Aviation Brigade from 7 April to 11 November 1967

3.  His record contains a Western Union telefax that shows on 30 August 1967, he was slightly wounded in Vietnam as a result of hostile action.  He sustained a metal fragment wound to his face during combat operations while a door gunner on a military aircraft when hit by fragments from hostile small arms fire.

4.  The official Army message shows he was wounded in action on 30 August 1967 while performing duties of door gunner on a combat assault.  He was treated at the 12th Evacuation Hospital and returned to duty.

5.  Headquarters, 173rd Airborne Brigade (Separate) published the following General Orders (GO):

* GO Number 677, dated 31 December 1966, awarding him the Air Medal for meritorious achievement from 2 to 14 December 1966tt
* GO Number 94, dated 25 January 1967, awarding him the Army Commendation Medal with "V" Device for heroism on 23 December 1966

6.  Headquarters, 1st Aviation Brigade, published the following GO:

* GO Number 1680, dated 5 May 1967, awarding him the Air Medal
(1st through 6th Oak Leaf Cluster (OLC)) for meritorious achievement from 15 December 1966 to 22February 1967
* GO Number 3054, dated 2 July 1967, awarding him the Air Medal (7th and 8th OLC) for meritorious achievement from 22 February to 24 March 1967
* GO Number 3148, dated 5 July 1967, awarding him the Air Medal for meritorious achievement from 11 to 20 April 1967
* GO Number 3398, dated 17 July 1967, awarding him the Air Medal with "V" Device for heroism on 18 April 1967
* GO Number 4330, dated 12 September 1967, awarding him the Air Medal (16th OLC) with "V" Device for heroism on 18 May 1967
* GO Number 5226, dated 27 October 1967, awarding him the Air Medal (17th through 25th OLC) for meritorious achievement from 22 June to 12 October 1967
* GO Number 5392, dated 7 November 1967, awarding him the Air Medal (26th OLC) with "V" Device for heroism on 24 July 1967
* GO Number 5398, dated 7 November 1967, awarding him the Army Commendation Medal for meritorious achievement
* GO Number 802, dated 17 February 1968, awarding him the Air Medal (27th OLC) with "V" Device for heroism on 30 August 1967

7.  On 24 May 1968, he was honorably released from active duty at the expiration of his term of service.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* Army Good Conduct Medal
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
* Two overseas service bars
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Distinguished Flying Cross
* Army Commendation Medal
* Air Medal with "V" Device (1st through 26th OLC)

8.  He submitted a letter from The Adjutant General, dated 31 July 1969, informing his spouse that the records indicated he was wounded on 30 August 1967 and is entitled to the Purple Heart.  The letter indicates an authorization for this award was enclosed; however, a copy of the authorization is not available for review.

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

	a.  The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

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

	c.  an OLC at the time was awarded to denote the second and succeeding awards of certain decorations, among which is the Air Medal; however, Arabic numerals are now used instead of OLC's for the second and succeeding awards of the Air Medal.  Numerals, starting with 2, will be used to denote second and subsequent awards of the Air Medal.

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:

	a.  the 335th Aviation Company was cited for award of the:

* Meritorious Unit Commendation for the period 1 February through 31 December 1967 by Department of the Army General Order (DAGO) Number 70, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1966 through 26 March 1967 by DAGO 22, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 27 March 1967 through 17 May 1968 by DAGO 46, dated 1969

	b.  the 187th Aviation Company, 269th Combat Aviation Battalion, 1st Aviation Brigade was cited for awards of the:

* Meritorious Unit Commendation for the period 1 January through 31 December 1967 by DAGO Number 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 27 March 1967 through 17 May 1968 by DAGO 46, dated 1969

	c.  in paragraph 6 (Miscellaneous Information) that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records contain an official Army message coupled with a Western Union telefax confirming he was wounded in action in Vietnam on
30 August 1967 while performing duties of door gunner on a combat assault.  He was treated at the 12th Evacuation Hospital and returned to duty.  This is further confirmed by The Adjutant General's letter to his spouse in 1969.  Therefore his DD Form 214 should be corrected to show this award.

2.  General orders awarded his units in Vietnam two awards of the Meritorious Unit Commendation and three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

3.  Records show he participated in two campaigns during his service in Vietnam that entitles him to two bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

4.  General orders show he was awarded two awards of the Army Commendation Medal, one with "V" device for heroism.  His DD Form 214 only reflects one award of the Army Commendation Medal.  Therefore, his DD Form 214 should be corrected to show the Army Commendation Medal (2nd Award) and with "V" Device.

5.  General orders show he was awarded the Air Medal (27th OLC) and with "V" Device, indicating 28 awards of the Air Medal.  However, his DD Form 214 reflects the Air Medal (1st through 26th OLC) and with "V" Device, indicating
27 awards of the Air Medal.  Therefore, his DD Form 214 should be corrected to show the Air Medal with Numeral 28 and with "V" Device.

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 the:

* Air Medal with "V" Device (1st through 26th OLC)
* Army Commendation Medal
* Vietnam Service Medal

* adding to his DD Form 214 the:

* Purple Heart
* Air Medal with Numeral 28 and with "V" Device
* Army Commendation Medal (2nd Award) and with "V" Device
* Vietnam Service Medal with two bronze service stars
* Meritorious Unit Commendation (2nd award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(3rd Award)



      ___________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)                                         AR20130000666



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ABCMR Record of Proceedings (cont)                                         AR20130000666



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