IN THE CASE OF: BOARD DATE: 21 July 2016 DOCKET NUMBER: AR20150011439 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 21 July 2016 DOCKET NUMBER: AR20150011439 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 the Republic of Vietnam on 14 November 1968 (Standard Name Line: SP4, 498th Medical Company (Air Assault), 44th Medical Brigade, U.S. Army, Vietnam); b. awarding him the Army Good Conduct Medal (1st Award) for the period 15 June 1967 through 20 January 1969 (Standard Name Line: same as above); and c. deleting from item 24 of his DD Form 214 all of the entries and adding the: * Purple Heart * Air Medal with Numeral "12" and "V" Device * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Vietnam Service Medal with 1 Silver Service Star * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Aircraft Crewman Badge * Expert Marksmanship Qualification Badge with Rifle (M-16) Bar * Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar * 2 Overseas Service Bars __________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. IN THE CASE OF: BOARD DATE: 21 July 2016 DOCKET NUMBER: AR20150011439 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 military service records to show the Purple Heart. 2. The applicant states, in effect, he served in the Republic of Vietnam (RVN). He was wounded in action on 14 November 1968 and awarded the Purple Heart, but it is not recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). He adds that, as a result of the error, he has been denied a Purple Heart license plate for his automobile. 3. The applicant provides copies of a DA Form 4980-10 (Purple Heart Certificate); DA Form 4980-9 (Air Medal Certificate), citation, and orders; DD Form 214 (Copy 2); and DD Form 256A (Honorable Discharge Certificate). 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 15 June 1967. He was awarded military occupational specialty 67N (Helicopter Mechanic). 3. The applicant's DA Form 20 (Enlisted Qualification Record), in pertinent part, shows in: * item 31 (Foreign Service), he served in Vietnam from 14 January 1968 through 20 January 1969 * item 33 (Appointments and Reductions), he was promoted to specialist four (SP4)/pay grade E-4 on 17 May 1968 * item 38 (Record of Assignments): 498th Medical Company (Air Assault), from 19 January 1968 through 17 January 1969 * item 40 (Wounds), is blank (no entries) * item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * Air Medal (5th Oak Leaf Cluster) * Aircraft Crewman Badge * RVN Campaign Medal * 2 Overseas Service Bars * Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar 4. General Orders (GOs) issued by Headquarters, 44th Medical Brigade, show the applicant was awarded the Air Medal (AM), with Oak Leaf Clusters (OLCs), as applicable, for meritorious achievement during the periods, as follows: * GO Number 441, dated 6 May 1968: AM, 18 March 1968 to 14 April 1968 * GO Number 514, dated 29 May 1968 – * AM (1st OLC), 14 April 1968 to 20 April 1968 * AM (2nd OLC), 20 April 1968 to 1 May 1968 * GO Number 599, dated 24 June 1968: AM (3rd OLC), 2 May 1968 to 24 May 1968 * GO Number 646, dated 13 July 1968: AM (4th OLC), 25 May 1968 to 11 June 1968 * GO Number 848, dated 26 September 1968: AM (5th OLC), 13 June 1968 to 28 July 1968 * GO Number 1152, dated 30 December 1968 – * AM (6th OLC), 28 July 1968 to 25 August 1968 * AM (7th OLC), 25 August 1968 to 7 September 1968 * AM (8th OLC), 7 September 1968 to 28 September 1968 * GO Number 137, dated 16 February 1969 – * AM (9th OLC), 28 September 1968 to 27 October 1968 * AM (10th OLC), 27 October 1968 to 13 November 1968 5. Headquarters, 44th Medical Brigade, GO Number 267, dated 31 March 1969, awarded the applicant the AM (11th OLC) with "V" Device for heroism while participating in aerial flight in the RVN on 14 November 1968. The narrative citation shows, in pertinent part, "Specialist [applicant] jumped from the aircraft and loaded the patients on board, and the pilots began to depart the area. As the aircraft came to a hover, heavy enemy fire erupted, effecting three hits in the fuselage and fuel cells, and mortally wounding one of the patients. Specialist [applicant] notified the pilots that he had been wounded, but was in complete control of his senses and emotions." 6. A Standard Form 88 (Report of Medical Examination), dated 20 January 1969, prepared to document the applicant's separation examination, shows in: * Clinical Evaluation section, item 33 (Have you ever had any illness or injury other that those already noted?), a checkmark in the "Yes" column and the entry, "GSW [Gunshot wound] of right knee, 14 November 1968, RVN occurred while on 'dust-off' mission." * item 39 (Physician's Summary and Elaboration of All Pertinent Data) the entry, "Wounded R[ight] Knee. Well now." * the form is signed by the applicant and the examining physician 7. The applicant's DD Form 214 (Copy 2 – Record Copy and Copy 5 – Notification of Separation Copy) show he was honorably released from active duty on 20 January 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation. He had completed 1 year, 7 months, and 6 days of total active service that included 1 year and 7 days of foreign service. It also shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): * National Defense Service Medal * Vietnam Service Medal * AM (5th OLC) * Aircraft Crewman Badge * RVN Campaign Medal * Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar * Expert Marksmanship Qualification Badge with Rifle (M-16) Bar * 2 Overseas Service Bars * "PH" [Purple Heart, offset and typed in bold, both copies] 8. A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster shows the applicant as a casualty on 14 November 1968 with casualty status code 23 (hostile, wounded in action; not serious, hospitalized). 9. A review of the applicant's military personnel records failed to reveal a copy of any orders or other evidence that shows he was awarded the Purple Heart. 10. A request for 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, Awards and Decorations Branch, failed to return any Purple Heart award orders pertaining to the applicant. 11. In support of his application the applicant provides, in pertinent part, the following additional documents: * Purple Heart Certificate that shows he was awarded the Purple Heart for wounds received in action in the RVN on 14 November 1968 * AM Citation and Certificate for meritorious achievement while participating in aerial flight in the RVN from 18 March 1968 to 14 April 1968 and from 28 September 1968 to 27 October 1968 12. A review of the applicant's military personnel records failed to reveal any evidence of disciplinary actions, adverse information, or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (AGCM) (1st Award). This review revealed that item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military service. In addition, a DA Form 137 (Installation Clearance Record), dated 18 January 1969, shows the applicant's commanding officer rated his conduct and efficiency as "excellent." REFERENCES: 1. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. 2. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile 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, substantiating evidence must be provided to verify that 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. The AM is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy. Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the AM (e.g., the numeral 2 denotes the second award of the Air Medal). c. The Vietnam Service Medal 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 Vietnam Service Medal for participation in each credited campaign. A silver service star is authorized in lieu of five bronze service stars. d. 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 Counteroffensive Phase III (1 June 1967- 29 January 1968) * Tet Counteroffensive (30 January - 1 April 1968) * Vietnam Counteroffensive Phase IV (2 April - 30 June 1968) * Vietnam Counteroffensive Phase V (1 July - 1 November 1968) * Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969) 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. It shows that Department of the Army, GO 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. DISCUSSION: 1. The evidence of record shows the applicant was wounded in action in the RVN on 14 November 1968, he received medical treatment for his injuries, and the treatment was made a matter of official record. The evidence of record satisfies the criteria for award of the Purple Heart. (The typed entry ("PH") on the DD Form 214 seems to indicate that the entry was not typed on the form at the same time that the form was initially prepared.) 2. The evidence of record shows: a. GOs awarded the applicant the AM (11th OLC) with "V" Device, which is now designated as the AM with Numeral "12" and with "V" Device; b. the applicant qualified for award of the Vietnam Service Medal (VSM), he participated in five campaigns during his service in Vietnam, and he is authorized one silver service star for wear on his already-awarded VSM; and c. GOs awarded his unit the RVN Gallantry Cross with Palm Unit Citation. 3. The applicant served a period of continuous, honorable active duty enlisted service from 15 June 1967 through 20 January 1969. a. There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM. b. He was awarded the AM (11th OLC) with "V" Device during his 1-year tour of duty in the RVN. c. He was promoted to SP4/E-4 and he received all "excellent" conduct and efficiency ratings during his service. d. Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award). //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011439 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011439 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2