IN THE CASE OF:	  

		BOARD DATE:	  10 September 2015

		DOCKET NUMBER:  AR20150001456 


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 a second Purple Heart which he believes he was recommended for and never received.

2.  The applicant states:

   a.  He was never awarded his second Purple Heart for wounds he received on 18 April 1970, while piloting an OH-6A helicopter near Khe Sanh, Republic of Vietnam. 

   b.  His observer was hit with small arms fire in the right lower leg and he (the applicant) was hit by shrapnel in the left shoulder.  He managed to fly the aircraft back to the medical unit helipad in Quang Tri where he believes they were treated by medical personnel from the 18th Surgical Hospital.

 	c.  His unit leader told him he would order the Purple Heart paperwork.  The medical attendees removed the shrapnel and he returned to duty 5 days later.  His observer was a captain who had re-upped for 6 months and had transferred from the 1st Cavalry Division.  The applicant does not remember his name and believes it was his first mission after arriving in Quang Tri; however, he never saw him again.

   d.  After his discharge, it was clear that something had gone amiss with the Purple Heart paperwork.  The applicant let it slide for 45 years, but it is his opinion that his wife and children deserve to see the award presented.  

3.  The applicant provides a copy of a 2-page letter and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 appointed as a Reserve Warrant Officer of the Army on     19 May 1969.  Evidence shows he served in the Republic of Vietnam for the period 28 July 1969 to 26 July 1970, as a rotary wing aviator with Troop A, 2nd Squadron (Airmobile), 17th Cavalry Regiment.

3.  His record contains a DA Form 66 (Officer Qualification Record).  This form shows special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).  This form also shows that special orders awarded him the Army Aviator Badge and general orders awarded him the Air Medal and the Air Medal with "V" Device.

4.  Evidence shows the applicant was awarded the Silver Star and the Purple Heart for gallantry in action in the Republic of Vietnam on 16 November 1969, in which he sustained a serious wound to his leg.

5.  The applicant's name is listed on the Vietnam Casualty Roster for                  16 November 1969, and once again for wounds he received due to small arms fire while on an aircraft on 18 April 1970.   

6.  On 24 December 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  His DD Form 214 shows he was awarded or authorized:

* Silver Star
* Purple Heart
* Air Medal with "V" Device
* Bronze Star Medal
* Army Commendation Medal
* Vietnam Service Medal with 1 bronze service star

7.  The applicant provides a copy of a letter to his future spouse, dated 18 May 1970, in which he informs her how he received his second Purple Heart.  The applicant states on 18 April 1970, he and his observer flew into a helicopter ambush and each were hit when a round entered the cockpit throwing shrapnel into his left shoulder and hitting his observer in the right leg.  Most of the fragments in his shoulder were small and healed after treatment leaving only a small scar.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  During the period in which the applicant was assigned to Troop A, 2nd Squadron (Airmobile), 17th Cavalry Regiment his unit was cited for award of the:

   a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 2 December 1969 through 8 January 1971 by Department of the Army General Order (DAGO) Number 24, dated 1972.

   b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 18 March through 2 May 1970 by DAGO Number 48, dated 1971.
   
   c.  Valorous Unit Award, for the period 7 December 1969 through 16 February 1970 by DAGO Number 48, dated 1971. 

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following four campaigns:

* Vietnam Summer - Fall 1969
* Vietnam Winter – Spring 1970
* DA Sanctuary Counteroffensive
* Vietnam Counteroffensive, Phase VII
 
10.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between  27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

11.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant's name is listed on the Vietnam Casualty Roster for wounds he received on 16 November 1969 and for wounds he received due to small arms fire while on an aircraft on 18 April 1970.  Therefore, it appears he is entitled to award of a second Purple Heart. 

2.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).  Therefore, his record should be corrected to show he was awarded these badges.

3.  His DA Form 66 shows special orders awarded him the Army Aviator Badge and general orders twice awarded him the Air Medal; therefore, he should be entitled to correction of his DD Form 214 to show these awards.

4.  Department of the Army Pamphlet 672-3 shows his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Valorous Unit Award during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  The record shows the applicant participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his previously-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.  

6.  The applicant served a qualifying period of service for award of the National Defense Service Medal, which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.
7.  Evidence shows the applicant served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his DD Form 214 to show this award.

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.  deleting the Air Medal with "V" Device and Vietnam Service Medal with one bronze service star from his DD Form 214; and

	b.  adding the following awards to his DD Form 214:

* Purple Heart (2nd Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Pistol Bar          (.45 Caliber)
* Army Aviator Badge
* Air Medal (2nd Award) with "V" Device
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation
* Valorous Unit Award
* Vietnam Service Medal with four bronze service stars






* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)  




      _______ _   __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)                                         AR20150001456



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ABCMR Record of Proceedings (cont)                                         AR20150001456



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