BOARD DATE:	  12 June 2014

		DOCKET NUMBER:  AR20130017367 


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 Aircraft Crewman Badge.

2.  The applicant also requests award of the Purple Heart and the Combat Action Badge.

3.  The applicant states:

* he was awarded the Aircraft Crewman Badge for his duties in Vietnam, but the award is not shown on his DD Form 214
* he sustained a severe back injury which he believes to be a catastrophic event and makes him eligible for the Purple Heart
* he believes his duties in Vietnam make him eligible for the Combat Action Badge because he was frequently involved in firefights while serving with psychological operations units supporting infantry units

4.  The applicant provides:

* recommendation for award of the Aircraft Crewman Badge
* letter to the Department of Veterans Affairs (VA) from his former unit first sergeant (1SG)
* self-authored letter to the VA
* VA Rating Decision


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 1 March 1968.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 71R (Broadcast Specialist).

3.  He served in the Republic of Vietnam from 6 March 1969 to 10 October 1970 while assigned to the 7th Psychological Operations Battalion.  His DA Form 20 (Enlisted Qualification Record) shows he performed the duties of broadcast specialist, broadcast supervisor, supply sergeant, and clerk typist during this period.

4.  He was honorably released from active duty in the rank/grade of specialist five/E-5 on 12 October 1970.  He completed 2 years, 7 months, and 12 days of active service of which 1 year, 7 months, and 6 days were foreign service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Bronze Star Medal

5.  He provided the following documentation in support of his application:

	a.  A memorandum from the Company Commander, Company B (Provisional), 7th Psychological Operations Battalion, to the Commander, 7th Psychological Operations Battalion, dated 16 December 1969, requested award of the Aircraft Crewman Badge to the applicant as a non-crew member.  He stated the applicant had participated in at least 15 combat missions under probable exposure to enemy fire while serving in the principal duty of an observer and kicker engaging in psychological operations missions.  He stated the applicant was permanently authorized award of the Aircraft Crewman Badge.

	b.  A letter from the former 1SG, Direct Support Company, 7th Psychological Operations Battalion, 4th Psychological Operations Group, Vietnam, from June 1969 to August 1970, dated 2 August 2004, stated the applicant was assigned as the Chief of the HB (loudspeaker) Psychological Operations Team Detachment 2.  There were four detachments assigned to the company.  Each detachment supported a different division.  His team engaged in numerous combat actions moving along with Marines encountering enemy personnel to come out and surrender or warning the enemy of the consequences of non-compliance.

	c.  A self-authored letter to the VA, undated, stated he suffered a single catastrophic event while deployed with the 3d Marine Division in Vietnam.  He stated he was hit and he was blown off the side of the mountain and landed on his back.  He detached his gear and tried to rejoin the firefight.  He was given a pain pill, but he does not remember what happened after that.  He went back out to the field several times, but he was always in great pain.

	d.  A VA Rating Decision, dated 19 April 2005, determined his condition of post-traumatic stress disorder was service connected and assigned a 50-percent disability rating effective 20 February 2004.  This rating decision also stated his overall or combined disability rating was 80 percent.

6.  There is no evidence of record showing he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart.  Nothing in several typical sources show he was wounded or injured as a result of hostile action.

	a.  Item 40 (Wounds) of his DA Form 20 does not show a combat wound or injury.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, stated a brief description of wounds or injuries (including injury from gas) received through hostile or enemy action requiring medical treatment, including those requiring hospitalization, would be entered in item 40 of the DA Form 20.  This regulation further stated the date the wound or injury occurred would also be entered in item 40.

	b.  His personnel records do not contain an official Army message or a Western Union telegram notifying his next of kin of an injury or wound sustained in action.  This was the proper notification of combat injuries at the time.

	c.  His medical records, specifically his records of treatment, are not available for review with this case.

	d.  His name is not shown on the Vietnam casualty listing.  This is a listing of Vietnam era casualties commonly is used to verify entitlement to award of the Purple Heart.

7.  Army Regulation 600-8-22 (Military Awards) provides that 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.

	a.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are:  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/or concussion injuries caused as a result of enemy generated explosions.

	b.  Examples of injuries or wounds which clearly do not justify award of the Purple Heart are:  frostbite or trench foot injuries; heat stroke; food poisoning not caused by enemy agents; chemical, biological, or nuclear agents not released by the enemy; battle fatigue; disease not directly caused by enemy agents; accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action; self-inflicted wounds, except when in the heat of battle and not involving gross negligence; post-traumatic stress disorders; and/or jump injuries not caused by enemy action.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crewman Badge.  The regulation authorized the commander of any unit with Army aircraft assigned to publish orders allowing qualified members of that command to wear the Aircraft Crewman Badge.

	a.  To be eligible for temporary award of this badge, an individual had to be on flying status as a crew chief in the case of crew chiefs, electronic sensor system operators, and flight engineers, or as a non-crewmember in the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors.  The regulation also required individuals to be qualified based on a Class III physical examination and to hold a principal duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector.  These personnel are authorized to wear the badge temporarily until relieved from these duties or they may be authorized permanent wear of the Aircraft Crewman Badge once they have fulfilled the regulatory requirements for permanent award of the badge.

	b.  For permanent award of the Aircraft Crewman Badge, an individual must have performed in one of the duties specified above for not less than 12 months (not necessarily consecutive) or must have been school trained for a principal duty.  Personnel who are precluded by incapacitation from further flight duty due to wounds sustained as a result of hostile action or injuries resulting from an aircraft accident for which they are not personally responsible are entitled to permanent wear of the Aircraft Crew Member Badge.  Further, an individual who participated in at least 15 combat missions under probable exposure to enemy fire while serving in the principal duty of crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector is entitled to permanent award of the Aircraft Crewman Badge.

9.  Army Regulation 600-8-22 states the Combat Action Badge provides special recognition to Soldiers who personally engaged, or are engaged by the enemy.  The requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined and will be announced in permanent orders.  Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided insufficient evidence with respect to the Aircraft Crewman Badge.  The memorandum from his company commander at the time is a recommendation, not a final decision.

	a.  There is insufficient evidence of the final disposition regarding award of this badge.  For example, there is no flight record to support the 15 combat missions under probable exposure to enemy fire while serving in the principal duty of crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner.  There is also insufficient evidence he was qualified based on a Class III physical examination or that he held the principal duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector.

	b.  If the applicant can provide a copy of the special orders awarding him the Aircraft Crewman Badge, or the final disposition of the recommended action, or documentary evidence that he met the criteria (principal duty and Class III physical), he may resubmit his request to this Board for reconsideration within 1 year of the Board's final decision.

2.  With respect to award of the Purple Heart: 

	a.  The criteria for award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury or wound required treatment by medical personnel, and the medical treatment was made a matter of official record.

	b.  The applicant's service records are void of any evidence that he was wounded or injured as a result of enemy action.  His name is not listed on the Vietnam casualty listing.  His medical records are not available for review with this case.  There is nothing in multiple typical sources that confirm he was wounded or injured as a result of hostile action or that he required treatment by medical personnel for a wound or injury.

	c.  The applicant's contention and sincerity are not in question.  However, in the absence of documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, there is an insufficient evidentiary basis for awarding him the Purple Heart.

3.  With respect to the Combat Action Badge, the Combat Action Badge provides special recognition to Soldiers who personally engaged or are engaged by the enemy.  More importantly, retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.  The applicant served on active duty from 1 March 1968 to 12 October 1970.  He does not meet the criteria for this award.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  __X______  ___X_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________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)                                         AR20130017367



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ABCMR Record of Proceedings (cont)                                         AR20130017367



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