BOARD DATE:	  7 May 2015

		DOCKET NUMBER:  AR20140016416 


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, in effect, the following:

* award of the Purple Heart
* correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his award of the Air Medal and any other awards he is entitled to

2.  The applicant states:

   a.  He was never awarded the Purple Heart for injuries he received on 14 July 1970.  On that date, while in combat flight, he received burns to his chest from hot shell casings from his M-60 machine gun.  He was a door gunner in the Americal Division at Chu-Lai with the 71st Assault Helicopter Company.  He flew approximately 2,500-3,000 hours, was promoted to crew chief which held an E-5 rank, and was still a door gunner.  He was treated at Landing Zone Hawk Hill by a medic who informed him that he would file the paperwork, but apparently never did.  This is all he can say about this incident since he can't locate his flight records that seem to have vanished from Vietnam.

   b.  A colonel on board the aircraft, not knowing his name, assured the crew that he [applicant] had killed 2 Viet Cong and his pilot also knew this.  His gunner, Dxx Lxxxx, was a transfer from an infantry company.  He attempted to locate Mr. Lxxxx over the years without success.  Mr. Lxxxx was wounded and sent home after a round came in on his [applicant's] side of the aircraft and hit Mr. Lxxxx.
   
   c.  He is 65 years of age and has been receiving Department of Veterans Affairs compensation rated at 70 percent.  He is providing a copy of the Air Medal certificate that he received for some missions.  He just wants what he feels is rightly his.  He is not looking for anything else.  When he applied for his medals years ago, he discovered that he had received three more that he didn't know he had been awarded.  That seems pretty much the way it is.

3.  The applicant provides his Air Medal certificate.

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant's military records show he enlisted in the Regular Army on 18 February 1969 for 3 years.  He was awarded military occupational specialty 67N (crew chief).  He served in Vietnam from 12 September 1969 through 11 September 1970, during four campaigns.  He was assigned to the 71st Aviation Company.

3.  General Orders (GO) Number 12158, issued by Headquarters, Americal Division on 21 November 1969, awarded him the Air Medal for meritorious achievement while participating in aerial flight in Vietnam from 23 September 1969 through 13 October 1969.  He provided a copy of the resulting certificate, dated 16 March 1970.

4.  He was honorably released from active duty in pay grade E-5 on 17 December 1971 and was transferred to the USAR Control Group (Reinforcement).  He was credited with completing 2 years and 10 months of active service.  His DD Form 214 lists the:

* National Defense Service Medal
* Aircraft Crewman Badge
* Vietnam Service Medal

* Vietnam Campaign Medal
* Army Commendation Medal
* Two overseas service bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

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

* Item 38 (Record of Assignments) he received "excellent" conduct and efficiency ratings throughout his period of service, and no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service 
* Item 40 (Wounds) no entry to show he was wounded in action while serving in Vietnam
* Item 41 (Awards and Decorations) all the awards listed on his DD Form 214 and the Air Medal and Expert Marksmanship Qualification Badge with Grenade Bar

6.  His complete medical records for his period of active duty are not available for review with this case.

7.  In a letter, dated 8 June 1993, the Chief, Awards Branch and Entitlements Division, USAR Personnel Center, in response to his request pertaining to his awards, advised him that the Department of the Army (DA) no longer made determination of additional awards for the Air Medal.  They were providing him an official statement in lieu of orders for all awards.  No record had been found authorizing him the Purple Heart.  Approved awards were announced in general orders, the absence of such orders indicated any recommendation submitted on his behalf was not favorably considered.  He was provided an Official Statement of Awards listing the:

* Air Medal
* Army Commendation Medal
* Army Good Conduct Medal
* Meritorious Unit Emblem
* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device 1960
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Aircraft Crewman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation


8.  His name is not shown on the Vietnam casualty roster.  The roster shows an individual by the name of Dxxxxx Lxxxx was wounded in action in Vietnam on 10 May 1966 and 22 September 1966.

9.  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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for award of the Purple Heart pertaining to the applicant.

10.  Army Regulation 600-8-22 (Military Award) states:

   a.  The Purple Heart is awarded for a wound sustained as a result of enemy 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.  When contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.

   c.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:

		(1)  Injury caused by enemy bullet, shrapnel, or other projectile created by enemy action.

		(2)  Injury caused by enemy placed mine or trap.

		(3)  Injury caused by enemy released chemical, biological, or nuclear agent.

		(4)  Injury caused by vehicle or aircraft accident resulting from enemy fire.

		(5)  Concussion injuries caused as a result of enemy generated explosions.

   d.  An example of injuries or wounds which clearly did not justify award of the Purple Heart was for accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action.
   
   e.  A bronze star is authorized for wear on the Vietnam Service Medal to denote campaign participation.

   f.  Awards (Decorations and Army Good Conduct Medal) made by the President, the Secretary of Defense, and the Secretary of the Army will be announced in Department of the Army General Orders.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year service entirely during the period 7 December 1941 through 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years, but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

12.  DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit the 71st Aviation Company, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods 
24 August through 31 December 1969 and 31 March through 30 June 1970, by DAGO Number 42, dated 1972.

13.  Department of the Army Pamphlet 672-3 states not more than one Vietnam Gallantry Cross Unit Citation will be worn by any individual, thereby precluding wear of the Vietnamese Fourragere that represents multiple awards of the Republic of Vietnam Gallantry Cross.  The pamphlet provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in those instances where a single unit received duplicate Vietnamese unit awards during the same period, only one will be recorded in official military and historical records.

DISCUSSION AND CONCLUSIONS:

1.  With regard to the Air Medal and any other awards he is entitled to:

   a.  GO awarded him the Air Medal for meritorious achievement while participating in aerial flight during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this award.
   
   b.  The evidence of record shows he completed 2 years and 10 months of honorable service.  He received "excellent" conduct and efficiency ratings during his period of active duty, attained the rank of pay grade E-5, and served in 

Vietnam and was awarded the Air Medal and Army Commendation Medal.  Therefore, it appears he is entitled to award of the Army Good Conduct Medal (1st Award) for his period of service from 18 February 1969 through 17 December 1971 and its addition to his DD Form 214.

   c.  He served in Vietnam during four campaigns; therefore, he is entitled to award of four bronze service stars to be added to his already-awarded Vietnam Service Medal and correction to his DD Form 214 to show these service stars.

   d.  He was awarded the Expert Marksmanship Qualification Badge with Grenade Bar during his period of active duty.  Therefore, his DD Form 214 should be corrected to show this badge.

   e.  GO awarded his unit in Vietnam, the 71st Aviation Company, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  The regulation provides that, although multiple awards of this unit citation are not authorized to wear, official military and historical records will indicate all awards received.  Therefore, he is entitled to correction of his DD Form 214 to show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  With regard to award of the Purple Heart:

   a.  There is no evidence of record and he did not provide sufficient evidence showing he sustained a wound/injury as a result of enemy action, received treatment, and that treatment was made a matter of official record for award of the Purple Heart during his periods of service in Vietnam.  Additionally, his complete medical records, which are necessary to confirm that treatment was required, are not available for review.  Item 40 of his DA Form 20 does not show he was wounded.  Item 41 of this form does not list the Purple Heart.  His name is also not on the Vietnam casualty roster.

   b.  By regulation, to be awarded the Purple Heart it is necessary to establish that a Soldier was wounded or injured in action.  There must be evidence confirming the wound for which the award is being made was received as a direct result of or was caused by enemy action, that the wound was treated by medical personnel, and this treatment must have been made a matter of official record.

   c.  Notwithstanding his contentions and his sincerity, in the absence of evidence, there is insufficient evidence upon which to base award of the Purple Heart.  Therefore, he is not entitled to award of the Purple Heart.


3.  The Board was unable to verify during his period of service in Vietnam his unit was authorized or awarded the Meritorious Unit Emblem as indicated on the Official Statement of Awards.  Therefore, there is insufficient evidence to support adding this award to his DD Form 214.

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:

* awarding him the Army Good Conduct Medal (1st Award) for his period of service from 18 February 1969 through 17 December 1971
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to this form the:

* Air Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Expert Marksmanship Qualification Badge with Grenade Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)













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 awarding him the Purple Heart and its addition to his DD Form 214.



      _________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)                                         AR20140016416



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140016416


6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1