IN THE CASE OF: 

		BOARD DATE:	    29 May 2014

		DOCKET NUMBER:  AR20130017063 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Purple Heart.  He also requests a copy of the orders awarding him the Purple Heart.

2.  The applicant states:

	a.  The orders awarding him the Purple Heart were mishandled or lost years ago, most likely at company level.

	b.  On 19 February 1968, he was serving as a helicopter gunship pilot with A Company, 1st Aviation Battalion, 1st Infantry Division.

	c.  They were supporting ground troops that were in heavy contact with the North Vietnamese.

	d.  They were laying down suppressive fire so "Dust Off" could get in and get the wounded out.

	e.  On one of the gun runs, they came under heavy fire from enemy automatic weapons.

	f.  The helicopter took multiple hits with rounds coming through the windscreen, door, and floor on the left side of the aircraft.  

	g.  He was hit by shrapnel on his face, arm and leg and the door gunner was badly wounded.

	h.  His aircraft commander flew to the 93rd Evacuation Hospital where he and his aircraft commander were treated.

	i.  He was returned to his unit that day and the doctor told him that any shrapnel they missed would work its way out in a few days.

	j.  Shortly after the incident he was awarded the Purple Heart at a ceremony in his company area at Phu Loi.

	k.  Unfortunately, the proper paperwork did not follow and he is now trying to get this matter resolved.

3.  The applicant provides:

* Self-authored claim for the Purple Heart, dated 2 November 2012
* Self-authored claim for the Purple Heart, dated 11 September 2013
* National Personnel Records Center (NPRC) letter, dated 12 December 2012

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 September 1965, in pay grade E-1.  He completed training as a military policeman.  He was promoted through the ranks of specialist five (E-5) on 31 October 1966.

3.  On 23 June 1967, General Orders Number 136 were published awarding the applicant the Army Good Conduct Medal (First Award) for the period 13 September 1965 through 31 July 1967.

4.  On 31 July 1967, he was honorably discharged to accept an appointment as a warrant officer one (WO1) in the U.S. Army Reserve (USAR).  His DD Form 214 shows he was awarded:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar

5.  On 1 August 1967, the applicant accepted an appointment in the USAR as a WO1 and he was immediately ordered to active duty.  He arrived in Vietnam on 1 September 1967 and he was assigned to Company A, 1st Aviation Battalion, 1st Infantry Division.

6.  The applicant participated in the following four campaigns:

* Vietnam Counteroffensive, Phase III Campaign, which extended from 1 June 1967 through 29 January 1968
* Tet Counteroffensive Campaign, which extended from 30 January through 1 April 1968
* Vietnam Counteroffensive, Phase IV Campaign, which extended from 2 April through 30 June 1968
* Vietnam Counteroffensive, Phase V Campaign which extended from 1 July through 1 November 1968

7.  On 23 February 1968, General Orders Number 1535 were published awarding him the Purple Heart for wounds received in connection with military operations against a hostile force on 19 February 1968.

8.  On 23 July 1968, General Orders Number 7385 were published awarding him the Air Medal (Twenty-Second Oak Leaf Cluster) for the period 9 April to 15 April 1968.

9.  The applicant departed Vietnam en-route to the United States on 31 August 1968.  He was honorably released from active duty on 14 February 1970 and he was transferred to the USAR Control Group (Annual Training).  His DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Campaign Medal
* Vietnam Service Medal
* Army Commendation Medal
* Distinguished Flying Cross
* 
Air Medal (First Oak Leaf Cluster)
* Army Aviator Badge

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968 by Department of the Army General Order Number 12, dated 1969 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 by DAGO Number 53, dated 1970.

11.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows that the applicant was awarded the Purple Heart in General Orders Number 1535, dated 23 February 1968.  He should be furnished a copy of these orders, as requested, and his DD Form 214 should be amended to show this award.

2.  The applicant's DD Form 214 should be amended to show all of his authorized awards.

3.  In view of the foregoing, his records should be corrected as recommended below.

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 providing the applicant a copy of General Orders Number 1535, dated 23 February 1968 and amending his DD Form 214 dated 14 February 1970 to add the following awards:

* Purple Heart
* Army Good Conduct Medal (First Award)
* Air Medal (Twenty-Second Oak Leaf Cluster)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar
* Four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.




      _______ _  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)                                         AR20130017063



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ABCMR Record of Proceedings (cont)                                         AR20130017063



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