IN THE CASE OF:	  

		BOARD DATE:	  26 November 2013

		DOCKET NUMBER:  AR20130006625 


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 Purple Heart
* correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Aircraft Crewman Badge; currently known as the Aviation Badge

2.  The applicant states:

	a.   He was wounded on 21 August 1969 in Vietnam (i.e., 19 August 1969) when he was flying in an OH-6 helicopter as an Aero Scout while assigned to D Troop, 1st Squadron, 10th Cavalry, 4th Infantry Division (ID).  They found a North Vietnamese Army bunker complex showing signs of recent activity.  He was firing his grenade launcher into bunkers when a secondary explosion from one of the bunkers sent shrapnel into the side of the aircraft and in his upper arm.  He was flown to the 4th Medical Battalion Aid Station at Camp Enari for medical treatment.  

	b.  A piece of shrapnel entered his left bicep and was removed about two inches from the entry.  The scars are still plainly visible today.  He has lost contact with anyone who could provide eyewitness corroboration.

	c.  The orders for the Aircraft Crewman Badge are in his record but it is not listed on his DD Form 214.

3.  The applicant provides his DD Form 214, one page of a Standard Form (SF) 93 (Report of Medical History), and one page of an SF 88 (Report of Medical Examination).

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 17 October 1968 and he held military occupational specialty 67V (OH-6 Helicopter Repairman).  He served in Vietnam from 27 March 1969 to 16 March 1970 while assigned to D Troop, 1st Squadron, 10th Cavalry, 4th ID.

3.  His record contains an SF Form 600 (Chronological Record of Medical Care) that shows he was treated at the 4th Medical Battalion Aid Station on 20, 22, 26, and 29 August 1969 for a fragment wound to his left upper arm.  On 20 August 1969, debridement of the wound was completed, fragments were removed, and the wound was sutured.  On 29 August 1969, the sutures were removed.  

4.  General Orders (GO) Number 6634, dated 5 November 1969, issued by Headquarters (HQ), 4th ID, awarded him the Air Medal for meritorious service while participating in an aerial flight from 17 April to 13 May 1969.

5.  GO Number 6757, dated 8 November 1969, issued by HQ, 4th ID, awarded him the Air Medal with "V" Device for heroism while participating in aerial flight on 30 September 1969.

6.  Special Orders (SO) Number 32, dated 1 February 1970, issued by HQ, 4th ID, awarded him the Aircraft Crewman Badge.

7.  His record contains an SF Form 88, dated 3 August 1971, wherein the examining physician noted in item 39 (Identifying Body Marks, Scars, Tattoos) that he had a one-inch scar on his left bicep.
8.  He was honorably released from active duty on 15 October 1971 and he was transferred to the U.S. Army Reserve.  He completed 2 years, 11 years, and 29 days of creditable active service with no lost time.

9.  The DD Form 214 he was issued shows the:

* National Defense Service Medal
* Vietnam Campaign Medal with "60" Device
* Vietnam Service Medal with 3 bronze service stars
* Air Medal with "V" Device
* Army Commendation Medal with "V" Device

10.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  Item 40 (Wounds) of this form shows the entry "fragment wound, left bicep, 19 August 1969."  Item 41 (Awards and Decorations) does not show the Purple Heart.

11.  His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

12.  His record is void of orders awarding him the Purple Heart.  A 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Purple Heart pertaining to the applicant.

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

14.  Army Regulation 600-8-22 (Military Awards) states 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.

15.  Army Regulation 600-200 (Enlisted Personnel Management), chapter 9, of the version in effect at the time, stated that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

16.  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 1st Squadron, 10th Cavalry, was cited for award of the: 

* Valorous Unit Award, for the period 8 through 29 May 1969 by DAGO Number 43, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 October 1966 through 28 July 1969, by DAGO Number 43, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant sustained a fragment wound to his left bicep in Vietnam on 19 August 1969.  The regulation in effect at the time specified for item 40 of a Soldier's DA Form 20 to enter a brief description of wounds or injuries received through hostile or enemy action and requiring medical treatment and/or hospitalization.  His medical records confirm he was treated for a fragment wound to his left upper arm while in Vietnam.  Therefore, it would be appropriate to award him the Purple Heart and correct his DD Form 214 to show this award. 

2.  Orders awarded him the Air Medal, Air Medal with "V" Device, and the Aircraft Crewman Badge (now known as the Aviation Badge) while his DD Form 214 only shows the Air Medal with "V" Device.  Therefore, he is entitled to correction of his DD Form 214 accordingly.

3.  The evidence of record confirms the applicant served honorably from 17 October 1968 to 15 October 1971.  He served with distinction in Vietnam and he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him this medal and correct his DD Form 214 to show the medal.

4.  GO awarded his unit in Vietnam the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 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:

* awarding him the Purple Heart for wounds received in action in Vietnam on 19 August 1969
* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 17 October 1968 through 15 October 1971
* deleting form his DD Form 214 the Air Medal with "V" Device
* adding to his DD Form 214 the:

* Purple Heart
* Air Medal (2nd Award) with "V" Device
* Aviation Badge
* Army Good Conduct Medal (1st Award)
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      _______ _   _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)                                         AR20130006625





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ABCMR Record of Proceedings (cont)                                         AR20130006625



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