BOARD DATE:	  4 November 2014

		DOCKET NUMBER:  AR20140004097 


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:

* Purple Heart (PH)
* Combat Infantryman Badge (CIB)
* flight wings (presumed to mean the Aircraft Crew Member Badge, which is now known as the Basic Aviation Badge)

2.  The applicant states he was shot in action while flying in Vietnam.  The PH with original documentation came to his mother's house but after many years it was lost.  His medical records should show that he had a bullet removed.  He earned the CIB with the 82nd Airborne in Vietnam.  He earned flight wings for flying in a CH-47 Chinook helicopter for over 1000 hours. 

3.  The applicant provides his DD Form 214.

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 25 February 1969, he was inducted into the Army of the United States.  He was initially awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) and he was advanced to the rank of specialist four/pay grade E-4.

3.  While he was stationed in the Republic of Vietnam (RVN) he performed duties as a:

* grenadier while assigned to Company B, 1st Battalion, 505th Infantry, 3rd Brigade, 82nd Airborne Division during the period 3 August 1969 to 23 November 1969
* rifleman while assigned to Company D, 2nd Battalion, 3rd Infantry, 199th Infantry Brigade during the period 24 November 1969 to 8 January 1970
* door gunner while assigned to the 213th Aviation Company (Assault Support Helicopter (ASH)) during the period 9 January 1970 to 9 October 1970

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

* item 38 – all "excellent" conduct and efficiency ratings
* item 41 (Awards and Decorations) (not listed on his DD Form 214) –

* CIB awarded on 22 September 1969.
* Army Commendation Medal (ARCOM) (1st oak leaf cluster (OLC)) awarded on 8 June 1970
* Air Medal (AM) (2nd Award) with "V" Device awarded on 10 August 1970
* ARCOM (2nd OLC) with "V" Device awarded on 27 August 1970
* RVN Gallantry Cross with Palm Unit Citation
* Army Good Conduct Medal awarded on 23 September 1970
* two Overseas Service Bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  On 11 October 1970, he was honorably released from active duty after completing 1 year, 7 months, and 17 days of total active service.


6.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN) Campaign Medal with Device (1960)
* Army Commendation Medal
* Air Medal

7.  His record contains an Office of the Adjutant General, U.S. Army Administration Center letter, subject:  Transmittal of Award Elements, dated 4 May 1971.  This letter states an attached envelope containing award elements for the applicant was forwarded for inclusion of the PH.  It further indicates the PH was awarded by General Orders Number 42, issued by Headquarters, 12th Aviation Group (Combat), on 25 October 1970.

8.  Review of the Vietnam casualty listing shows his name is listed as a casualty on 22 January 1970 under casualty status code "24."  This casualty code refers to "hostile wounded in action, not serious, not hospitalized."

9.  His records are void of any orders indicating he was ever recommended for or awarded the Aircraft Crew Member Badge while serving in Vietnam.

10.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided the U.S. Army Vietnam awards policy during the Vietnam Era.  Appendix X provided guidance on award for the Aircraft Crew Member Badge.  It stated that to be eligible for this badge, a member must have been on flying status as a crew member or as a non-crew member and must have been qualified and held a principle duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector and must have performed those duties for not less than 12 months.

11.  A review of his record indicates entitlement to additional awards not listed on his DA Form 20 or DD Form 214.

12.  Army Regulation 600-8-22 (Military Awards) 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 the following 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)
13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows – 

* 1st Battalion, 505th Infantry, 3rd Brigade, 82nd Airborne Division, was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 6 October 1968 to 11 November 1969 by Department of the Army General Orders (DAGO) Number 43 dated 1970
* 2nd Battalion, 3rd Infantry, 199th Infantry Brigade, was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 19 June 1968 to 31 July 1970 by DAGO Number 51, dated 1971 and the RVN Civil Actions Honor Medal First Class Unit Citation for the period 12 December 1966 to 31 August 1970 by DAGO Number 31,  dated 1971
* 213th Aviation Company was awarded the RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 May 1969 to 15 May 1970, by DAGO Number 22 dated 1968.

14.  Department of the Army Pamphlet 672-3 states not more than one RVN Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded in action and that his wound was made a matter of official record.  Though the orders are not available for review, an Office of the Adjutant General, U.S. Army Administration Center letter indicates General Orders Number 42 awarded him the PH.  Therefore, there is a sufficient evidentiary basis for correcting his DD Form 214 to show the PH.

2.  His DA Form 20 shows he was awarded or authorized the following awards, which are not listed on his DD Form 214.  As such, he is entitled to have his DD Form 214 corrected to show these awards.

* CIB
* ARCOM (3rd Award) with "V" Device
* AM (2nd Award) with "V" Device
* Army Good Conduct Medal
* two Overseas Service Bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

3.  His records show he held a principal duty assignment as a gunner for 9 months.  As such, evidence shows he did not meet the minimum requirement of not less than 12 months of service in a qualifying assignment for award of the Aircraft Crew Member Badge (Aviation Badge).

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.  Two of his units were awarded the RVN Gallantry Cross with Palm Unit Citation for a period that coincided with his service with those units in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

6.  Two of his units were awarded the RVN Civil Actions Honor Medal First Class Unit Citation for a period that coincided with his service with those units in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

7.  In view of the foregoing, he is entitled to have his records corrected as shown below.

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.  deleting the VSM from his DD Form 214 and

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

* PH
* CIB
* ARCOM (3rd Award) with "V" Device
* AM (2nd Award) with "V" Device
* Army Good Conduct Medal
* RVN Gallantry Cross with Palm Unit Citation (2 Awards)
* RVN Civil Actions Honor Medal First Class Unit Citation (2 Awards)
* two Overseas Service Bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal with four bronze service stars

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 award of the Basic Aviation Badge.



      ________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)                                         AR20140004097



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ABCMR Record of Proceedings (cont)                                         AR20140004097



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