BOARD DATE:	  10 March 2015

		DOCKET NUMBER:  AR20140011953 


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 Air Medal and the Soldier’s Medal

2.  The applicant states he should be awarded the Purple Heart because he was injured in a helicopter crash in Vietnam in February 1970.  He was awarded the Air Medal and the Soldier’s Medal but they are not listed on his DD Form 214.

3.  The applicant provides two orders, an award certificate, a page titled Accident Report, a Medical Clearance form, dated 3 March 1970, and page 1 of Standard Form 88 (Report of Medical Examination), dated 10 June 1971.

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.  Having had prior enlisted service, the applicant was appointed as a Warrant Officer One (WO1) in the Regular Army on 15 December 1969 with a concurrent call to active duty and he entered active duty on that date.  He served in Vietnam while assigned as follows from:

* 25 January to 25 September 1970, 335th Aviation Company
* 26 September to 30 September 1970, Headquarters and Headquarters Company (HHC), 214th Aviation Battalion 
* 1 October 1970 to 25 February 1971, Headquarters and Headquarters Troop (HHT), 7th Squadron, 1st Cavalry
* 26 February to 9 June 1971, HHC, 11th Aviation Battalion 

3.  The applicant provides a page titled Accident Data, dated 3 March 1970, wherein the battalion surgeon stated, in part, the applicant was the pilot of a gunship that was in an accident on 19 February 1970.  The aircraft was flying low-level and fully loaded over the river to discharge rockets.  Witnesses reported the craft flew into the river and sank rapidly; the applicant swam to the surface.  He literally saved the crew chief who had panicked.  He incurred several abrasions and a wound to his left leg. 

4.  The applicant provides and his record contains the following general orders (GO) issued by Headquarters (HQ), 1st Aviation Brigade:

	a.  GO Number 3054, dated 1 May 1970, wherein he was awarded the Soldier’s Medal for heroism not involving actual conflict with an enemy force on 19 February 1970 (emphasis added).  These orders, in part, stated he distinguished himself by exceptionally valorous actions while serving as a pilot of an armed gunship when it crashed into a river.  The aircraft sank rapidly with all crewmembers aboard.  The aircraft commander and crew chief were too seriously injured to keep afloat.  Although injured himself, he applicant swam to his comrades, and held them above the surface of the water.  His determination and stamina allowed him to save both crewmembers.

	b.  GO Number 3124, dated 4 May 1970, wherein he was awarded the Air Medal with "V" Device for heroism while engaged in aerial flight in connection with military operations against a hostile force on 19 March 1970.

5.  He was honorably released from active duty on 10 June 1971 in the rank of WO1 and he was transferred to the U.S. Army Reserve.

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

* National Defense Service Medal
* Army Good Conduct Medal (1st Award)
* Army Aviator Badge
* Vietnam Service Medal
* Army Commendation Medal
* Republic of Vietnam Campaign Medal with 1960 Device
* 2 overseas service bars

7.  His record is void of orders for the Purple Heart.  A review of the Adjutant General's Casualty Division's Vietnam casualty roster failed to show his name as a casualty.

8.  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.

9.  Army Regulation 600-8-22 (Military Awards) states the:

   a.  Soldier's Medal is awarded for distinguished heroism not involving actual conflict with the enemy.  The same degree of heroism is required as for award of the Distinguished Flying Cross.  The performance must have involved personal hazard or danger and the voluntary risk of life under conditions not involving conflict with an armed enemy.
   
   b.  Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that 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.

   c.  Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  His records show that during his service in Vietnam he participated in three campaigns.



10.  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 the 335th Aviation Company was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 December 1969 through 10 October 1970, by DAGO Number 52, dated 1971.

11.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  For Vietnam service, one Overseas Service Bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Soldier’s Medal and the Air Medal with "V"Device; neither of which are shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these medals.

2.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment to the unit.  Therefore, his DD Form 214 should be corrected to show this unit award.

3.  He served in Vietnam from January 1970 to June 1971.  As both the arrival and departure months are credited as full months toward the overseas service bar, he is entitled to a third overseas service bar and correction of his DD Form 214 accordingly.  

4.  He participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to 3 bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

5.  With respect to award of the Purple Heart, the criteria for the Purple Heart requires the submission of substantiating evidence to verify that a Soldier received a wound/injury as a result of hostile action.  Although, the applicant was injured in Vietnam as the result of a helicopter crash on 19 February 1970, the evidence of record and evidence provided by the applicant confirms the crash was an accident and did not involve actual conflict with an enemy force.  As such, it does not meet the criteria for award of the Purple Heart.  Therefore, he is not entitled to this portion of the requested relief.

6.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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 amending his DD Form 214 by:

* deleting the Vietnam Service Medal and 2 overseas service bars
* adding the:

* Soldier’s Medal
* Air Medal with "V" Device
* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 3 overseas service bars

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 the Purple Heart.  



      _______ _ 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)                                         AR20140011953





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ABCMR Record of Proceedings (cont)                                         AR20140011953



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