IN THE CASE OF:	   

		BOARD DATE:	  28 May 2015

		DOCKET NUMBER:  AR20140015487 


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 he be awarded a combat ribbon/badge for being wounded on the ground (determined to mean the Purple Heart) and a combat air ribbon/badge (determined to mean the Air Medal) for being part of a flight crew as a rigger.

2.  The applicant states he was wounded and received treatment while on a temporary duty (TDY) assignment in Da Nang, Vietnam.  He was a rigger on a combat supply mission at a remote Special Forces (SF) A-team encampment in the central highlands.  He was shot while off-loading munitions.  His wound was wrapped by a medic and when he was flown back to Da Nang he was treated at a temporary medical dispensary where the bullet was surgically removed.  When his TDY status was terminated he was sent back to his unit in Quin Yon, but the medical record of the incident and treatment was not transmitted to the unit dispensary or inserted in his file.  He should have received a Purple Heart for being wounded on the ground at a SF A-team encampment.  

3.  He states he should have been awarded an Air Medal for being a part of a flight crew as a rigger on over 45 flights performing combat supply missions (receiving ground fire) transporting munitions and supplies while on TDY assignment to the SF A-team stations at the Da Nang airbase.

4.  The applicant provides:

* page one of his enlistment physical examination
* page one and part of page two of his separation physical examination
* four personal references
* two photos that are unreadable 

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 4 September 1963, he enlisted in the Regular Army.  He completed basic combat and advanced individual training and was awarded military occupational specialty 43E (Parachute Rigger).

3.  On 5 May 1965, he was assigned to the 383rd Quartermaster Detachment (Aerial Support) at Fort Lee, VA.

4.  On 17 August 1965, the 383rd Quartermaster Detachment deployed to the Republic of Vietnam where he served until 13 August 1966. 

5.  His official military personnel file (OMPF) contains a DA Form 20 (Enlisted Qualification Record) covering the period 4 September 1963 to 13 August 1966 that shows in:

* Item 38 (Record of Assignments) - shows he remained assigned to the 383rd Quartermaster Detachment until 13 August 1966.  There is no record of him being assigned TDY to a SF A-team.
* item 40 (Wounds) – no entries describing wounds or injuries received as a result of enemy action that required medical treatment
* item 41 (awards and Decorations) – no entries showing he was awarded the Purple Heart or the Air Medal

6.  On 16 August 1966, he was released from active duty.  His DD Form 214 does not show he was awarded the Purple Heart or the Air Medal.

7.  There are no orders in his OMPF that show he was awarded the Purple Heart or the Air Medal.
 
8.  His name does not appear on the Vietnam casualty roster.

9.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders that show he was awarded the Purple Heart or the Air Medal.

10.  He provided a statement, dated February 2014, from one of his Army buddies.  He stated he can attest to and had witnessed the wound that the applicant received while in service in the Republic of Vietnam.  He states he and the applicant joined the Army in the Buddy Program.  After jump school graduation they were assigned to different units.  They stayed in touch by mail.  He was notified when the applicant was wounded.

11.  The applicant submitted a letter, dated 9 December 2010, from GP, Sr., his brother.  GP stated he served in Vietnam from 1966 to 1967.  His brother (the applicant) was in Vietnam during part of the time he was there.  The applicant served in Da Nang, Vietnam and Quin Yon, Vietnam.  He was wounded in his left leg.

12.  He submitted a letter, dated 20 November 2009, from his brother, Master Sergeant (MSG) JMP (retired U.S. Army).  MSG JMP stated both of his brothers, the applicant and GP, were in Vietnam at the same time he was.  He made arrangements to visit them and when he arrived at the applicant's unit he was told he was on temporary duty with the SF in Da Nang and that he had been wounded.  When he arrived at Da Nang he found that the applicant had been wounded in the leg at a SF A-team.

13.  He provided a statement, dated 29 December 2010, from TC who stated he served with the applicant in the 109th Quartermaster Company at Fort Lee, VA.  He served with the 5th SF Group (Airborne), 1st SF at Bien Hoa, South Vietnam from October 1965 until October 1966.  He stated he visited the applicant and other guys in his old unit at Quin Yon in January of 1966.

14.  U.S. Army Vietnam (USARV) Regulation 672-1 provided guidelines for award of the Air Medal.  It defined the departure point for the award of the Air Medal based on sustained operations as 25 Category I missions and a minimum of 25 hours of flight time engaged in Category I missions (air assault and equally dangerous missions); 50 Category II missions and had accrued a minimum of 
50 hours of flight time engaged in Category II missions (support rendered a friendly force immediately before, during or following a combat operation); or 
100 Category III missions and a minimum of 100 hours of flight time engaged in Category III missions (support of friendly forces not connected with an immediate combat operation but which must be accomplished at altitudes which make the aircraft at times vulnerable to small arms fire, or an operation conducted under hazardous weather or terrain conditions).  However, the regulation was clear that these guidelines were considered only a departure point.  Nothing created an entitlement to the award.  To the contrary, the award was limited to individuals whose accomplishments and service for the entire group of missions must reflect meritorious performance throughout, with no instance of non-professionalism, mediocrity, or failure to display an offensive spirit.  The individual must not have caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident.  The individual must have continuously demonstrated a high degree of air discipline.  And the individual’s performance of duty must have been clearly exceptional in every respect during the period for which recommended.  

15.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment that were received through hostile or enemy action, 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 placed in item 40.

16.  Army Regulation 672-5-1 (Military Awards), then in effect, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who while serving under competent authority in any capacity with one of the U.S. Armed Services had been wounded, killed, or who had died as a result of a wound sustained 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.

	b.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.  All personnel treated and released within 
24 hours would be awarded the Purple Heart by the organization to which the individual was assigned.


DISCUSSION AND CONCLUSIONS:

1.  There are no orders awarding him the Air Medal in his OMPF or on ADCARS. His DA Form 20 does not show he was awarded an Air Medal.  He has provided no official documentation showing he completed either 25 Category I missions, 50 Category II missions, or 100 Category III missions.  Therefore, there is insufficient evidence to award him the Air Medal.

2.  Item 40 of his DA Form 20 does not contain any entries indicating he was wounded as a result of hostile or enemy action.  There are no orders in his OMPF or on ADCARS that show he was awarded the Purple Heart.  His name does not appear on the Vietnam casualty roster.  The statements he submitted were reviewed.  While they all attest to the fact the applicant was in Vietnam, none of the individuals were present at the time the applicant contends he was wounded.

3.  Unfortunately, the available evidence is insufficient as a basis to establish the circumstances under which he was injured.  There is an insufficient evidentiary basis for awarding the Purple Heart in this case.

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 that 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)                                         AR20140015487



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ABCMR Record of Proceedings (cont)                                         AR20140015487



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