IN THE CASE OF:	  

		BOARD DATE:	  8 October 2015

		DOCKET NUMBER:  AR20150001822 


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 reconsideration of his earlier request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the Purple Heart (PH).

2.  As a new issue he requests correction of his DD Form 214 to add the (formerly named) Aircraft Crew Member Badge.  (This badge is currently named the Basic Aviation Badge and will be identified as such throughout the remainder of these Proceedings.)

3.  The applicant states that the omission of the PH and Basic Aviation Badge from his DD Form 214 was a simple mistake made by the clerk who was under extreme stress dealing with thousands of forms and documents. 

4.  The applicant provides the indexed list of documents included with his application in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20080005738 on 26 June 2008.

2.  The applicant submitted a witness statement from a retired lieutenant general who indicates he served as the applicant’s unit commander in the rank of captain from 1969 – 1970.  This statement was not previously reviewed and as such is new evidence that warrants consideration by the Board.  This witness indicates he recalls the applicant quite well and states:

* the applicant was a member of our remarkably brave Apache Scout Platoon whose crew chiefs, door gunners, and pilots were in daily contact with the enemy in War Zone C
* on 22 January 1970, the applicant exemplified heroism when while serving as the door gunner, found and engaged a North Vietnamese Army squad deploying heavy fire 
* the applicant sustained shrapnel wounds while engaging the enemy
* despite his wounds he continued the mission, was treated for them upon his return, and typical of his sense of duty, he returned to his troop rather than being medically evacuated 
* even though the paperwork may have been lost, the applicant was awarded the PH

3.  The applicant provides also provides as new evidence, a copy of the recommendation for his unit’s award of the Presidential Unit Citation (PUC) and Valorous Unit Award (VUA) and the corresponding narratives that depict his unit’s gallantry and heroism in action against the enemy during the period 1 October through 31 December 1969 and 4 January through 2 April 1970, respectively.  The narratives provided include the following information as indicated:

	a.  VUA – Early in the day of 22 January 1970, several apache pilots received sporadic caliber .51 fire from several grid coordinates which resulted in negative injuries to both aircraft and crew.  However, at 1445 hours at grid coordinate XT 201853, Apache 11 received AK-47 fire.  He engaged the area with organics and artillery.  Several North Vietnamese Army (NVA) were sighted and one killed.  The door-gunner of the OH-6A helicopter received light shrapnel wounds.  (The applicant indicates he was the crew-chief and door gunner indicated in this narrative.)

	b.  PUC – The 1st Squadron, 9th Cavalry conducted air cavalry operations during October, November, and December 1969 under the most adverse of conditions.  Engaging the enemy on a daily basis, the Squadron was instrumental in denying the enemy his jungle sanctuaries and trail networks.  The staggering losses inflicted upon the enemy by the 1st Squadron, 9th Cavalry contributed immeasurably to the success of the 1st Air Cavalry Division in rendering the enemy combat ineffective.  (The applicant indicates he killed 8 enemy soldiers in action, captured 1 NVA, and was awarded the BSM with "V" Device during this time.)

4.  The applicant enlisted in the Regular Army on 16 January 1968.  He was trained in and awarded military occupational specialty 67A (Aircraft Maintenance Crewman) and 67N (Single-Rotor Turbine Helicopter Mechanic).

5.  His DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 2 August 1969 to 21 August 1970, while assigned with the Troop A, 1st Squadron, 9th Cavalry Regiment, 1st Cavalry Division.  Item 40 (Wounds) contains no entry and item 41 (Awards and Decorations) does not include the PH among its list of awards.

6.  He was honorably released from active duty in the rank/grade of specialist four/E-4 on 21 August 1970.  His DD Form 214, as corrected by a DD Form 215 (Correction to DD Form 214), dated 11 February 2009, shows the:

* Bronze Star Medal with “V” Device and Oak Leaf Cluster
* Army Commendation Medal
* Air Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* RVN Campaign Medal with Device 1960
* Parachutist Badge
* Valorous Unit Award
* RVN Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle and Pistol Bars

6.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name as a casualty.

7.  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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the PH pertaining to the applicant.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

   a.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states the PH is awarded to any member who has been wounded or killed in action.  A wound is defined as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation.  In order to support awarding a member the PH, it is necessary to establish that the wound for which the award is being made required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action and must have been made a matter of official record.
   
   b.  Paragraph 8-28 outlines the criteria for award of the Basic Aviation Badge. It states that for award of this badge, an individual must be on flying status and have performed crewmember or noncrewmember flying duties for not less than 12 months (not necessarily consecutive), or by logging not less than 48 flight hours (whichever comes first), or be school trained.  It also states that an individual who has participated in at least 15 combat missions under probable exposure to enemy fire while performing crewmember or noncrewmember flying duties is permanently authorized to wear the Basic Aviation Badge

DISCUSSION AND CONCLUSIONS:

1.  The witness statement provided by the applicant was not available for review with his original case.  It shows his RVN commander recalls his remarkable bravery in the warzone and states the applicant received shrapnel wounds when he engaged a NVA squad in combat on 22 January 1970.  He affirms that the applicant was treated for his combat wounds and awarded the PH, despite any loss of his paperwork.  The applicant also provides his unit’s VUA and PUC recommendations and narratives.  The VUA narrative, while it does not name any specific Soldier, details the events of a door-gunner who sustained shrapnel wounds in combat on 22 January 1970, as reflected in the witness statement and as the applicant claims.  This combined evidence shows the applicant was wounded in combat and he received medical treatment for his wounding.  It appears the regulatory criteria necessary for award of the PH have been satisfied in this case.  Accordingly, inasmuch as the applicant was previously awarded the PH, it would be appropriate to add this award to his DD Form 214. 

2.  The applicant's record also confirms he completed the Aircraft Maintenance Crewman Course and this training is listed on his DA Form 20 and DD Form 214. Therefore, it would also be appropriate to add the Basic Aviation Badge 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 amendment of the ABCMR’s decision in Docket Number AR20080005738 dated 26 June 2008.  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 adding the Purple Heart and the Basic Aviation Badge. 



      __________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)                                         AR20150001822



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ABCMR Record of Proceedings (cont)                                         AR20150001822



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