BOARD DATE:	  18 August 2015

		DOCKET NUMBER:  AR20150000743 


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 Sates Report of Transfer or Discharge) to show he was awarded the Purple Heart.

2.  The applicant states he received the award but it was omitted from his 
DD Form 214.

3.  The applicant provides:

* DD Form 214 with ending date 6 May 1968
* DD Form 214 with ending date 6 November 1970
* DA Form 749 (Part I) (Individual Flight Record and Flight Certificate – Army) for the period July-October 1968 
* DA Form 8-275-2 (Clinical Record Cover Sheet), dated 22 November 1968

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.  Following prior enlisted service, the applicant was appointed as a warrant officer in the U.S. Army Reserve.  After the completion of training, he was awarded military specialty 062B (Rotatory Wing Aviator) and was ordered to active duty on 7 May 1968. 

3.  His DA Form 66 (Officer Qualification Record) shows in:

	a.  item 17 (Foreign Service), he served in the Republic of Vietnam from 
3 June 1968 to 27 November 1968;

	b.  item 18 (Record of Assignments), he was assigned to the 187th Aviation Company from 7 June 1968 to 3 November 1968;

	c.  item 18, he was in a patient status from 4 to 26 November 1968 at the U.S. Army Hospital, Camp Zama, Japan; and

	d.  item 22 (Campaigns), he was credited for the Vietnam 6th Campaign.

4.  General Orders Number 8239 issued by Headquarters, 1st Aviation Brigade, on 14 December 1968 awarded him the Air Medal with 1st through 15th Oak Leaf Cluster, for the period of 22 June 1968 to 18 October 1968.

5.  There are no orders in his available records that show he was awarded the Purple Heart.

6.  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, failed to reveal any orders that show he was awarded the Purple Heart.

7.  A review of the Vietnam casualty roster shows the applicant was listed as a casualty on 24 October 1968 under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

8.  He was honorably released from active duty on 6 November 1970 in the rank of chief warrant officer two (CW2) and transferred to the U.S. Army Reserve.  He completed 3 years, 7 months, and 7 days of total active service.  His DD Form 214 shows he was awarded or authorized the:
* Air Medal with 2nd Oak Leaf Cluster
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Aviator Badge
* two overseas service bars

9.  The applicant provided the following as evidence:

	a.  DA Form 759 (Part I) (Individual Flight Record and Flight Certificate - Army) for the period covered July - October 1968 from Commander, 187th Assault Helicopter Company, APO, San Francisco.  Block 24 (Remarks) has the comment "Records closed this station 8 Nov 1968.  Aviator PCS [permanent change of station] to United States.  He was wounded in Vietnam as a result of action."

	b.  DA Form 8-275-2 (Clinical Record Cover Sheet), dated 22 November 1968, issued by the U.S. Army Hospital, Camp Zama, Japan stated the applicant's hospital stay lasted 18 days and then he was transferred to the U.S. Naval Hospital, San Diego, CA.  It has the following entries in:

* item 23 (Diagnoses), "Fracture, left mandible….  Patient hit by hostile ground fire near Tun An, 24 October 1968, o/a 1000 hrs, RVN, while flying helicopter.  LD:  Yes, CO and Surgeon agree"
* item 25 (Selected Administrative Data), "Specialized Treatment: General Surgery" and "PH:  Awarded 12th Evac Hosp, APO, 96353, per GO#250 dtd 25 Oct 68"

10.  Army Regulation 600-8-22 (Military Awards), in effect at the time, stated an oak leaf cluster would be awarded to denote the second and subsequent awards of the Air Medal.  However, the regulation currently in effect provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

11.  Army Regulation 600-8-22 contains the regulatory guidance for award of the Vietnam Service Medal.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Table B-1 shows during his service in Vietnam, campaign participation was awarded for the following three campaigns:

* Vietnam Counteroffensive Phase IV (2 April 1968-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for the Valorous Unit Award, for extraordinary heroism for the period 13 June 1968 to 23 September 1968 in Department of the Army General Orders (DAGO) Number 52, dated 1974.

13.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the Purple Heart has been carefully considered.

2.  His name is listed on the Vietnam casualty roster as being wounded as a result of hostile action on 24 October 1968.  This coupled with the entry noted on DA Form 8-275-2, which lists General Orders Number 250 authorizing him the award, confirms his entitlement to the award.  Therefore, his DD Form 214 should be corrected to show he was awarded the Purple Heart.

3.  The evidence of record shows he was awarded the Air Medal with 1st through 15th Oak Leaf Cluster (now denoted by numerals instead of oak leaf clusters) which is not accurately reflected on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show the proper number of Air Medals he was awarded.

4.  He participated in three campaigns during his service in Vietnam.  Therefore, he is authorized three bronze service stars with his previously-awarded Vietnam Service Medal and correction of his DD Form 214 to reflect these bronze service stars.

5.  DAGO awarded his unit of assignment in the Republic of Vietnam the Valorous Unit Award for extraordinary heroism for the period 13 June 1968 to 23 September 1968.  This award is not shown on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show this unit award.

6.  All units that served in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This unit award should also be added to his DD Form 214.

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 amending his DD Form 214 by deleting award of the Vietnam Service Medal and Air Medal with two Oak Leaf Clusters and adding the:

* Purple Heart
* Air Medal with Numeral 16
* Vietnam Service Medal with three bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      ___________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)                                         AR20150000913



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ABCMR Record of Proceedings (cont)                                         AR20150000743



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