IN THE CASE OF:	  

		BOARD DATE:	  9 October 2014

		DOCKET NUMBER:  AR20140003136 


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.

2.  The applicant states a DD Form 1380 (U.S. Field Medical Card) shows his injury was the result of enemy fire.  He was wounded during aerial combat while flying as a crew chief on a helicopter gunship near Long Bien, Vietnam.

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DD Form 1380
* multiple Department of Veterans Affairs (VA) related documents
* Standard Form 88 (Report of Medical Examination) extract
* Standard Form 600 (Chronological Record of Medical Care) extract

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.  On 15 August 1968, the applicant enlisted in the Regular Army.  He completed training and was awarded military occupational specialty 67N (UH-1 Helicopter Repairman).  The highest rank he held was specialist five/pay grade E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows in: 

* item 31 (Foreign Service) – he departed the continental United States     en route to Vietnam on 9 August 1969
* item 38 (Record of Assignments) – he was assigned to the 120th Aviation Company (Assault Helicopter) as a UH-1 helicopter repairman and crew chief during the period 13 August 1969 to 8 August 1970
* item 38 – all "excellent" conduct and efficiency ratings
* item 40 (Wounds) – no identified battle wounds

4.  He submits what appears to be an extract of a Standard Form 600 containing an April 1970 entry that he was shooting and felt something hit his right wrist.  A small copper fragment was removed through a superficial incision.

5.  He submits a DD Form 1380 which shows he received a superficial fragment wound to his right wrist on 25 April 1970 during enemy action while conducting helicopter reconnaissance by fire.  It shows the fragment was removed and the area was cleansed and dressed.  The reverse side of the form states the Purple Heart was not awarded at that station.

6.  On 24 September 1970, Headquarters, 1st Aviation Brigade, issued General Orders Number 9475, awarding him the Air Medal (2nd-19th Award) for the period 6 January-26 July 1970. 

7.  He provides a Standard Form 88, dated 10 February 1971, which indicates he had a scar on his right hand from fragment wounds.

8.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name was listed as a casualty.

9.  On 17 May 1971, he was honorably released from active duty after completing 2 years, 9 months, and 3 days of total active service.  His DD Form 214 shows he was awarded or authorized the:

* Distinguished Flying Cross
* National Defense Service Medal
* Army Commendation Medal with 1st oak leaf cluster
* Air Medal
* Republic of Vietnam (RVN) Campaign Medal
* Vietnam Service Medal (VSM) with three bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar

10.  His official military personnel file is void of documentation showing he was awarded the Purple Heart.

11.  Army Regulation 600-8-22 (Military Awards) states the PH 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.

12.  A review of his record indicates entitlement to additional awards not listed on his DD Form 214.

13.  His records are void of any orders or other documents that indicate he was awarded the Army Good Conduct Medal (AGCM) by proper authority.  There are no adverse actions recorded in the applicant's available records or any record of a disqualification by his chain of command that would have precluded him from being recommended for or awarded the AGCM.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, required that the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial throughout a qualifying period of service for award of the AGCM.  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 of less than 3 years but more than 1 year.

15.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with four campaigns:

* Vietnam Summer-Fall 1969 (9 June-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)
* DA Sanctuary Counteroffensive (1 May-30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)

16.  Army Regulation 600-8-22 states Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

17.  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 states in paragraph 6d that Department of the Army General Orders Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records are void of orders awarding him the Purple Heart.  He submits medical documents showing he received a fragment wound in combat on 25 April 1970 while serving in Vietnam.  Evidence shows the fragment was removed by medical personnel.  As such, it would be appropriate to award him the Purple Heart for a wound he received on 25 April 1970 and to add this award to his DD Form 214.

2.  General Orders Number 9475 awarded him the Air Medal (2nd-19th Award).   Therefore, he is entitled to correction of his DD Form 214 to show the Air Medal with Numeral "19."  

3.  He completed a period of qualifying service ending with the termination of a period of active Federal military service.  Records show he received all "excellent" conduct and efficiency ratings throughout his service.  There is no record of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the AGCM.  The fact he was awarded the Distinguished Flying Cross, two ARCOMs, and held the rank of specialist five depicts his actions and service as honorable.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 15 August 1968 through 17 May 1971 and to add this award to his DD Form 214.

4.  Evidence shows he participated in four campaigns while serving in Vietnam.  Therefore, it would be appropriate to show his already-awarded VSM with four bronze service stars on his DD Form 214.

5.  His DA Form 20 shows he served in Vietnam from August 1969 to August 1970.  Headquarters, U.S. Army Vietnam and its subordinate units were authorized the RVN Gallantry Cross with Palm Unit Citation during his period of service.  Therefore, his DD Form 214 should be corrected to show this unit award.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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:

	a.  awarding him the Purple Heart for a wound received on 25 April 1970;

   b.  awarding him the AGCM (1st Award) for the period 15 August 1968 through 17 May 1971;

	c.  deleting the Air Medal and the VSM with three bronze service stars from his DD Form 214; and 

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

* Purple Heart
* AGCM (1st Award)
* Air Medal with Numeral "19"
* VSM with four bronze service stars
* RVN 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)                                         AR20140003136



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ABCMR Record of Proceedings (cont)                                         AR20140003136



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