IN THE CASE OF:	  

		BOARD DATE:	  3 September 2015

		DOCKET NUMBER:  AR20150001131 


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 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect prior award of the Bronze Star Medal, Distinguished Flying Cross, and Expert Marksmanship Qualification Badge.

2.  The applicant states he was awarded the Bronze Star Medal, Distinguished Flying Cross, and Expert Marksmanship Qualification Badge, but they were inadvertently left off his DD Form 214.  He believes he is entitled to award of the Purple Heart due to his retention of acrylic glass fragments in his right shoulder resulting from bullets coming through the helicopter windshield during the action for which he was awarded the Distinguished Flying Cross.

3.  The applicant provides:

* Headquarters, 1st Aviation Brigade, General Orders Number 7519, dated 16 December 1971, awarding him the Bronze Star Medal
* Headquarters, 1st Aviation Brigade, General Orders Number 7521, dated 16 December 1971, awarding him the Distinguished Flying Cross
* DA Form 1577 (Authorization for Issuance of Awards), dated 6 March 1974
* DA Form 1577, dated 8 April 1974


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 enlisted in the Regular Army on 15 September 1969 and underwent warrant officer flight training.  He was honorably discharged on 1 November 1970 to accept appointment as a Reserve warrant officer.  On 2 November 1970, he was appointed as a Reserve warrant officer one with immediate orders to active duty.

3.  Item 23 (Qualification in Arms) of his DA Form 66 (Officer Qualification Record) shows he qualified as Expert with the M-16 rifle and as Marksman with the .38 caliber pistol on 11 July 1970.

4.  His DA Form 66 also shows he served in Vietnam beginning on 10 December 1970 where he was assigned to the 135th Aviation Company (Assault Helicopter) as a rotary wing pilot from 14 December 1970 to on or about 4 December 1971.  He participated in three campaigns during his service in Vietnam.

5.  His records contain Headquarters, 1st Aviation Brigade, General Orders Number 7310, dated 26 November 1971, awarding him the Air Medal (2nd through 26th Award) for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 13 January 1971 through 13 November 1971.

6.  He provided Headquarters, 1st Aviation Brigade, General Orders Number 7519, dated 16 December 1971, awarding him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from 10 December 1970 through 9 December 1971.

7.  He also provided Headquarters, 1st Aviation Brigade, General Orders Number 7521, dated 16 December 1971, awarding him the Distinguished Flying Cross for heroism while participating in aerial flight evidenced by voluntary actions above and beyond the call of duty in the Republic of Vietnam on 2 October 1971.

8.  He was honorably released from active duty on 5 December 1971.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Army Aviation Badge
* Army Good Conduct Medal
* Air Medal
* Vietnam Service Medal
* three overseas service bars
* Republic of Vietnam Campaign Medal with Device (1960)

9.  A review of his personnel service records failed to show evidence and he did not provide any evidence showing he was awarded the Purple Heart.  Although the general orders awarding him the Distinguished Flying Cross clearly place him in hostile action in which small arms and machine guns shot at and directly hit his heavily-loaded aircraft, there is no evidence in his records that he was wounded as the result of this hostile action or that he received treatment for any wounds.

10.  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.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

	c.  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.

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 135th Aviation Company was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 26 September 1971 through 10 October 1971 by Department of the Army General Orders Number 55, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1971 through  31 December 1971 by Department of the Army General Orders Number 32, dated 1973

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records contain orders awarding him the Distinguished Flying Cross, Bronze Star Medal, and Air Medal (2nd through 26th Award).  His DD Form 214 should be corrected to show these awards.

2.  He was awarded the Vietnam Service Medal and he participated in three campaigns.  His DD Form 214 should be corrected to show three bronze service stars with his Vietnam Service Medal.

3.  General orders awarded the unit to which he was assigned in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  His DD Form 214 should be corrected to show these unit awards.

4.  His DD Form 66 shows he qualified as Expert with the M-16 rifle and as Marksman with the .38 caliber pistol.  His DD Form 214 should be corrected to show award of the Expert Marksmanship Qualification Badge with Rifle Bar 
(M-16) and Marksman Marksmanship Qualification Badge with Pistol Bar (.38 caliber).

5.  There is no evidence of record and he did not provide any evidence showing he was awarded or entitled to award of the Purple Heart for wounds he sustained in action.  The veracity of the applicant's claims to have acrylic glass fragments in his right shoulder resulting from bullets coming through the helicopter windshield during the action for which he was awarded the Distinguished Flying Cross is not called into question.  Nonetheless, substantiating evidence must be provided to verify he was wounded as the result of hostile action and that he required treatment by medical personnel which was made a matter of his official record.  Unfortunately, this substantiating documentation is not present.  Therefore, there is an insufficient evidentiary basis to award him the Purple Heart and correct his DD Form 214 to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* Deleting the Air Medal and Vietnam Service Medal from his DD Form 214 for the period ending 5 December 1971
* adding the following awards to his DD Form 214 for the period ending 5 December 1971 –

* Distinguished Flying Cross
* Bronze Star Medal
* Air Medal with Numeral 26
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.38 Caliber)

2.  The Board further determined 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 award of 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)                                         AR20150001131



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ABCMR Record of Proceedings (cont)                                         AR20150001131



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