IN THE CASE OF:	  

		BOARD DATE:	  13 August 2013

		DOCKET NUMBER:  AR20130001167 


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 Air Medal (AM) and Purple Heart (PH).

2.  The applicant states:

   a.  he should be awarded the AM for his hours in flight during combat; and
   
   b.  he is entitled to the PH for injuries he sustained after his helicopter was shot down over South Vietnam on 9 October 1970.

3.  The applicant provides copies of:

* Standard Form (SF) 600 (Health Record-Chronological Record of Medical Care)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* three DA Forms 759 (Individual Flight Record and Flight Certificate-Army) Parts I and II

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 he enlisted in the Regular Army on 2 June 1969. He was trained in and awarded military occupational specialties (MOS) 67A (Aircraft Maintenance Crewman) and 67M (Reciprocal Engineer Mechanic).

3.  The applicant's Army Military Human Resource Record (AMHRR) (previously known as the Official Military Personnel File) contains the following two orders issued by Headquarters, First Basic Combat Training Brigade, Fort Ord, California, which show he earned the following weapons qualification badges:

* Special Orders Number 144, dated 17 July 1969 – Sharpshooter with the M-14 Rifle
* Special Orders Number 152, dated 28 July 1969 – Second Class or "Marksman" with the hand grenade

4.  His AMHRR contains Troop C, 1st Squadron, 17th Cavalry Regiment, Unit Orders Number 75, dated 23 July 1970.  They show he qualified "expert" with the 
M-16 rifle.

5.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 2 September 1970 – 25 May 1971.  His record shows he was assigned 1st Squadron, 9th Cavalry Regiment through 22 April 1971 and with A Troop, 7th Battalion, 17th Cavalry Regiment from 23 April – 25 May 1971 during his tour in the RVN.

6.  Item 38 (Record of Assignments) of his DA Form 20 also shows the applicant received no less than “excellent” conduct and efficiency ratings at each of his active duty assignments.  His AMHRR is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

7.  Item 40 (Wounds) of his DA Form 20 is blank and item 41 (Awards and Decorations does not include the PH.  His AMHRR does not contain any orders or other documents to show he was recommended for or awarded the PH.

8.  His AMHRR includes Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 18907, dated 3 November 1970.  They announced his award of the Bronze Star Medal for heroism in connection with combat ground operations against a hostile enemy force in the RVN on 9 October 1970.

9.  The applicant was honorably released from active duty on 28 May 1971 after completing 1 year, 11 months, and 27 days of creditable active military service.  His DD Form 214 shows he was awarded or authorized the:

* Bronze Star Medal with "V" Device
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal

10.  The applicant provides:

     a.  SF 600, dated 9 October 1970, which shows he was treated for a kink in his neck and lacerations on his right fifth finger after his aircraft crashed resulting in a fairly soft landing on 9 October 1970;

     b.  DA Forms 759 and 759-1 covering the period September – 10 December 1970, which show he flew 20 category- I missions totaling 100 hours;

     c.  DA Forms 759 and 759-1 covering the period 11 – 30 December, 1970, which shows he flew 12 category-I missions totaling 32 hours; and

     d.  DA Forms 759 and 759-1 covering the period January – March 1971, which shows he flew 11 category-I missions totaling 48.9 hours.  These final two forms also brought forward total 132 hours for the period September – December 1970 and rounded up the current 48.9 hours to 49 hours for a combined total 181 hours flown as a crewmember, during 43 total category-I missions.

11.  The Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, an index of general orders issued during the Vietnam era between 1965 and 1973, was reviewed.  This review failed to show any orders announcing the applicant's award of the PH.

12.  During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam Casualty Roster.  There is no entry pertaining to the applicant.


13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

	a.  Paragraph 2-13 contains guidance on award of the VSM and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.

	b.  Table B-1 contains a list of campaigns and shows that during the applicant's service in the RVN, participation credit was awarded for the Vietnam Counteroffensive, Phase VII campaign.

14.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards in effect at the time, provided policy and criteria concerning individual military decorations.  

     a.  It provided defined terms and provided guidelines for award of the AM based upon the number and types of missions or hours.  Twenty-five category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the AM.

     b.  It stated that the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's service in the RVN, his unit (1st Squadron, 9th Cavalry Regiment) was awarded the Valorous Unit Award (VUA) and RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the AM and PH.  There is sufficient evidence to support granting a portion of the requested relief.

2.  By regulation, the AM is awarded for completion of 25 category-I missions and accrual of a minimum of 25 hours of flight time while engaged in category-I missions.  The DA Forms 759 and 759-1 provided with this case, confirm the applicant flew 43 category-I missions, totaling 181 hours during his tour in the RVN.  Therefore, the regulatory criteria for the AM have been satisfied and the applicant's DD Form 214 should be corrected to reflect this award at this time.

3.  The evidence of record confirms the applicant received no less than "excellent" conduct and efficiency ratings during his period of service.  In addition, his AMHRR is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award him the AGCM for his qualifying period of honorable active service from 2 June 1969 to 28 May 1971 and to add this award to his DD Form 214.

4.  The evidence of record contains official orders which show the applicant qualified "expert" with the M-16 rifle, "sharpshooter" with the M-14 rifle, and "marksman" with the hand grenade.  As such, he is entitled to addition of these badges to his DD Form 214. 

5.  Based on the applicant's RVN service and campaign participation, he is authorized award of the VUA, RVN Gallantry Cross with Palm Unit Citation, and one bronze service star to be affixed to his already-awarded VSM.  Therefore, his DD Form 214 should be corrected to show these awards.

6.  The applicant claims entitlement to the PH for wounds he sustained when his helicopter was shot down during combat in the RVN.  The evidence of record includes the BSM order which shows the applicant received this award for his heroism in ground combat against the enemy on 9 October 1970.  It provides no evidence of a helicopter crash or him having received wounds as a result of enemy action.  In addition, while the SF 600 he provides shows he was treated for a kink in his neck and lacerations to his fifth finger after his aircraft crashed resulting in a fairly soft landing, it does not provide any evidence to show the crash occurred as a result of hostile action.  

7.  Finally, item 40 of his DA Form 20 is blank and his name is not shown on the Vietnam Casualty Roster as receiving any wounds.  Absent evidence to corroborate that he was wounded as a result of enemy action and that he received medical treatment for such wounds, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.  Therefore, he is not entitled to this portion of the requested relief.



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:

     a.  awarding him the Air Medal for the period September 1970 - March 1971;
   
     b.  awarding him the Army Good Conduct Medal (1st Award) for the period
2 June 1969 - 28 May 1971;

	c.  amending his DD Form 214 by deleting the Vietnam Service Medal; and 

	d.  adding the following awards to his DD Form 214:

* Air Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with bronze service star
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with M-16 Rifle Bar
* Sharpshooter Marksman Qualification Badge with M-14 Rifle Bar
* Marksman Marksmanship Qualification Badge with Hand Grenade Bar

2.  The Board further determined that 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 Purple Heart.





3.  The Board wants the applicant and all others concerned to know that this action related to award of the PH in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   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)                                         AR20130001167





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ABCMR Record of Proceedings (cont)                                         AR20130001167



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