IN THE CASE OF:	  SLEZAK, CHARLES J.

		BOARD DATE:	  9 June 2015

		DOCKET NUMBER:  AR20140017569 


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, correction of his military service records to show two awards of the Purple Heart and one additional award of the Air Medal (AM).

2.  The applicant states he recently obtained a copy of his military medical records from the Department of Veterans' Affairs.  Upon review he discovered that the two incidents when he was wounded while serving in the Republic of Vietnam (RVN) are actually documented in his medical records.

   a.  On 20 (sic) April 1966, during a combat mission while serving as helicopter door gunner and flying at a low altitude out of Soc Trang, RVN, enemy fire hit one of the outside M-60 gun barrels.  His right leg immediately began to itch; however, in the heat of battle he did not pay much attention to the itch.  He informed the aircraft commander that the barrel of one of the guns had been hit and advised him not to fire the gun because the barrel might blow up.  They continued the combat assault.  After returning to base and while getting cleaned-up, he noticed his entire right calf was covered in dried blood.  He went to the medical aid station and several particles of shrapnel were found in his right calf.  The medic told him that because they were deeply imbedded in the muscle they would have to work their way out by themselves.  When he asked the medic about being awarded the Purple Heart he was told that it was not awarded for minor wounds, so he did not pursue the matter any further.  In the years that followed, several particles of shrapnel have surfaced.  He has since learned that the wound does entitle him to the Purple Heart.

   b.  On 18 May 1966, he was serving as a gunship crew chief.  During a mortar and 75mm recoilless rifle attack on the base at Soc Trang, RVN, he ran to his aircraft to get it ready for immediate takeoff.  The aircraft was about 100 yards from his hooch and rounds were impacting all around him and the other crew members.  He noticed an intense pain in his left foot, but he ignored it at the time. He was running in his bare feet with his boots in his hands and he does not know what caused the injury.  They were able to launch the aircraft and he received the AM with "V" device for heroism during the action in which they routed the Viet Cong that had attacked them.  Throughout the action, his left foot was throbbing with pain.  After returning to base later that same morning, he went to the medical aid station for treatment.  He learned that the wound went deep down to the bone.  He was taken off flight status for several days until he was able to wear his boot on his injured foot.  

   c.  The orders he provides show he was awarded the AM with "V" Device (24th Oak Leaf Cluster (OLC)) for his actions on 18 May 1966.

3.  The applicant provides a copy of his medical record and two awards of the AM (i.e., 23rd and 24th OLCs).

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.  The applicant was inducted into the U.S. Army on 9 April 1965.  He was awarded military occupational specialty 67N (Single-Rotor Turbine Helicopter Mechanic).  He was promoted to specialist four (SP4)/E-4 on 15 July 1966.

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

* item 31 (Foreign Service), he served in Vietnam from 28 September 1965 through 24 September 1966
* item 38 (Record of Assignments), he served in duty MOS 67N2O as a Single-Engine Helicopter Mechanic with Company A, 101st Aviation Battalion, from 5 October 1965 through 26 September 1966
* item 40 (Wounds) is blank (no entries)
* item 41 (Awards and Decorations), no entry for the Purple Heart or the AM (24th OLC)

4.  A review of the applicant's military personnel records shows a combination of general orders (GO) issued by Headquarters, U.S. Army Vietnam, and Headquarters, 1st Aviation Brigade, announced 23 awards of the AM (i.e., AM with 22 OLCs) spanning the period 10 November 1965 to 24 August 1966.  In addition, Headquarters, 1st Aviation Brigade:

   a.  GO Number 1981, dated 29 December 1966, awarded the applicant the AM (23rd OLC) for meritorious achievement from 23 August 1966 to 
2 September 1966; and

   b.  GO Number 1902, dated 27 December 1966, awarded the applicant the AM with "V" Device (24th OLC) for heroism in the RVN on 18 May 1966.  The narrative reason describes the events and applicant's actions (as summarized by the applicant in his application).

5.  A Standard Form (SF) 600 (Health Record – Chronological Record of Medical Care) shows the applicant received medical treatment and the following notes:

* 30 April 1966, "tiny particles of shrapnel in his right calf muscle"
* 18 May 1966, "cleaned, treated, and dressed left foot"

6.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty on 
7 April 1967.  He completed 1 year, 11 months, and 29 days of total active duty service this period that included 1 year and 2 days of foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* Vietnam Service Medal (and the following campaigns):

* "Vietnam Defense Campaign Medal"
* "Vietnam Counter Offensive Campaign"

* "Air Medal w/23 Oak Leaf Clusters & V Device"
* National Defense Service Medal
* RVN Campaign Medal with Device (1960)
* Army Commendation Medal
* RVN Cross of Gallantry (Individual Award) 
* Army Good Conduct Medal (1st Award)

7.  A review of the applicant's military personnel records failed to reveal any orders or other evidence that shows he was awarded the Purple Heart.

8.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster failed to reveal the applicant's name.

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 the Purple Heart pertaining to the applicant.

10.  A review of the applicant's military personnel records reveals he may be entitled to additional awards that are not shown on his DD Form 214.

11.  Headquarters, 5th Infantry Division (Mechanized), Fort Carson, CO, Special Orders (SO) Number 17, dated 17 January 1967, awarded the applicant the Aircraft Crewman Badge.

12.  Headquarters, 3rd Training Brigade (Basic Combat Training), U.S. Army Training Center, Armor, Fort Knox, KY, SO Number 88, dated 20 May 1965, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  Paragraph 6d states that Department of the Army General Orders (DAGO) Number 8 (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.

14.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  The Vietnam Service Medal (VSM) 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 will be awarded for wear on the VSM for participation in each credited campaign.

	b.  Appendix B contains a list of Vietnam Conflict campaigns.  During the applicant's service in Vietnam, participation credit was awarded for the following campaigns:

* Vietnam Defense Campaign (8 March 1965 - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)

   c.  The Purple Heart is awarded to any member who was wounded or killed in action or as a result of enemy action.  A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy.  In order to support awarding a member the Purple Heart, it is necessary to establish the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

15.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.

   a.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.

   b.  It also shows for item 24, list all decorations, service medals, campaign medals (emphasis added), and badges awarded or authorized, omitting authorities cited therein.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show two awards of the Purple Heart and the AM with "V" Device (24th OLC).

2.  The applicant describes actions and circumstances surrounding the injuries he sustained:
   
* on 20 (sic) April 1966, during a combat mission while serving as door gunner when enemy fire hit one of the outside M-60 gun barrels and shrapnel lodged in his right leg
* on 18 May 1966, during a mortar and 75mm recoilless rifle attack on the base by the enemy when he was running to get his aircraft ready for immediate takeoff and he sustained a deep wound to his left foot

   a.  His military medical records show he received medical treatment for a shrapnel wound in his right calf muscle on 30 April 1966 and for an injury to his left foot on 18 May 1966.

   b.  Thus, based on the evidence of record, it is concluded that it would be appropriate at this time to correct his records to show two awards of the Purple Heart.

3.  The evidence of record shows:

   a.  general orders awarded the applicant the AM with "V" Device (24th OLC);

   b.  the applicant qualified for award of the VSM and he participated in three campaigns during his service in Vietnam.  Thus, it would be appropriate to show he is authorized three bronze service stars for wear on his already-awarded VSM.  (It is noted that his DD Form 214 shows the VSM and also lists two campaigns.  Campaign entries are not authorized as entries for item 24.  However, no action is being taken to delete the two erroneous campaign entries.)  

   c.  DAGOs awarded the applicant's unit the RVN Gallantry Cross with Palm Unit Citation; and

   d.  SOs awarded the applicant the:

* Aircraft Crewman Badge
* Expert Marksmanship Qualification Badge with Rifle (M-14) Bar

4.  Therefore, in view of the foregoing, it would be appropriate at this time to correct his records to show the following awards and decorations.







BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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 wounds received in action in the Republic of Vietnam on 30 April 1966 (Standard Name Line:  SP4, Company A, 101st Aviation Battalion, 1st Aviation Brigade);

   b.  awarding him the Purple Heart (1st Oak Leaf Cluster) for wounds received in action in the Republic of Vietnam on 18 May 1966 (Standard Name Line:  same as above);

   c.  deleting from item 24 of his DD Form 214 the:

* "Vietnam Service Medal"
* "Air Medal w/23 Oak Leaf Clusters & V Device"

	d.  adding the following awards to item 24 of his DD Form 214:

* Purple Heart (1st Oak Leaf Cluster)
* Air Medal with "V" Device (24th Oak Leaf Cluster)
* Vietnam Service Medal with 3 Bronze Service Stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation


* Aircraft Crewman Badge
* Expert Marksmanship Qualification Badge with Rifle (M-14) Bar




      _______ _   _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)                                         AR20140017569



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ABCMR Record of Proceedings (cont)                                         AR20140017569



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