IN THE CASE OF: BOARD DATE: 7 March 2017 DOCKET NUMBER: AR20150016636 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: 7 March 2017 DOCKET NUMBER: AR20150016636 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 he received on 11 August 1970; and b. amending his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by deleting "Air Medal W/V" and "Vietnam Service Medal" and adding: * Purple Heart * Air Medal (2nd Award) with "V" Device * 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-14) ______________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: 7 March 2017 DOCKET NUMBER: AR20150016636 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 he be awarded the Purple Heart. He also requests a personal appearance hearing before the Board. 2. The applicant states he should be awarded the Purple Heart for action in the Republic of Vietnam as he was wounded by an instrument of war at the hands of the enemy. He received an Air Medal with "V" Device for the incident and provides medical records from this occurrence. 3. The applicant provides: * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 21 May 1971 * Standard Form 519-A (Radiographic Report), dated 11 August 1970 * Standard Form 600 (Chronological Record of Medical Care), with entries dated 11 and 12 August 1970 * General Orders Number 9038, issued by Headquarters, 1st Aviation Brigade, APO San Francisco on 12 September 1970 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 25 June 1969. After completing his initial entry training, he was awarded military occupational specialty (MOS) 67N (Helicopter Maintenance Repairman). The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4. 3. Special Orders Number 217, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, WA on 5 August 1969, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 4. The applicant began a period of service in the Republic of Vietnam on 18 December 1969. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he served with the following units during his service in the Republic of Vietnam: * 190th Aviation Company (Assault Helicopter), from on or about 21 December 1969 through on or about 19 July 1970 * 68th Aviation Company (Assault Helicopter), from on or about 20 July 1970 through on or about 3 December 1970 * 118th Aviation Company (Assault Helicopter), from on or about 4 December 1970 through on or about 27 February 1971 * 391st Quartermaster Company, from on or about 28 February 1971 through on or about 14 March 1971 5. General Orders Number 5060, issued by Headquarters, 1st Aviation Brigade on 15 June 1970, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight from 4 March 1970 to 22 April 1970. 6. General Orders Number 9038, issued by Headquarters, 1st Aviation Brigade on 12 September 1970, awarded the applicant the Air Medal (2nd Award) with "V" Device for heroism while engaged in aerial flight, in connection with military operations against a hostile force, on 11 August 1970. 7. The applicant was honorably discharged from the Army on 21 May 1971. His DD Form 214 shows he completed 1 year, 11 months, and 4 days of total active service, including 1 year, 2 months, and 27 days of the foreign service. His DD Form 214 also shows in: a. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the: * Air Medal with "V" Device * Army Commendation Medal with 1st Oak Leaf Cluster * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal (known as the Republic of Vietnam Campaign Medal with Device (1960)) b. Item 30 (Remarks), he served in the Republic of Vietnam from 18 December 1969 through 1 December 1970 and from 15 January 1971 through 14 March 1971. 8. The applicant's available record does not contain orders for the Purple Heart, nor does it contain any documentation that indicates he was treated for wounds or injuries he sustained as a result of hostile forces during his service in the Republic of Vietnam. Item 40 (Wounds) of his DA Form 20 is blank. Item 41 (Awards and Decorations) shows no entry that indicates he was awarded the Purple Heart. 9. 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 the applicant was awarded the Purple Heart. 10. The applicant provides the following documents in support of his application: a. Standard Form 519-A, dated 11 August 1970, which shows he was diagnosed with a "fragmentary wound" and was given an X-ray on his right knee, left little finger and lumbar spine. This report stated the lumber spine and left little finger came back "negative" and the right knee showed "fragments in the soft tissue with no fracture." b. Standard Form 600, which shows the following entries: (1) "11 August 1970 - Sustained small f/w [fragment wound] to right leg and left little finger when helicopter shot down. Physical exam small fragment wound to right knee and right thigh and little finger; no evidence of artery or nerve involve. Impression - multiple fragment wound - small. Diagnosis was an x-ray revealed small fragment in right thigh, cleanse wound, keep clean, was given a tetanus shot, and return to duty." (2) "12 August 1970 - Acute back strain from accident (shot down). Was given medication with limited duty for one week." c. General Orders Number 9038 issued by Headquarters, 1st Aviation Brigade, APO San Francisco, dated 12 September 1970 that awarded him (with three other Soldiers) the Air Medal (Second Award) with "V" Device on 11 August 1970 for the following reason: For heroism while engaged in aerial flight in connection with military operations against a hostile force: These men distinguished themselves by exceptionally valorous actions while serving aboard helicopters performing a visual reconnaissance mission west of Tan An, suddenly coming under intense enemy automatic weapons fire, they reacted immediately unleashing a devastating barrage of machinegun fire upon the enemy positions. When an exploding rocket downed their ship, they bravely rescued the seriously injured pilot from the burning wreckage. Completely exposed to intense ground fire, they acted with complete disregard for their own personal welfare and carried the wounded pilot to awaiting rescue aircraft. Through their undaunted personal courage and devotion to duty they were instrumental in the success of the mission. Their actions were in keeping with the highest traditions of the military service and reflect great credit upon themselves, their unit and the United States Army. REFERENCES: 1. 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 wound(s) sustained in action against an enemy or as a result of hostile action. 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. 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 Winter-Spring 1970 (1 November 1969 - 30 April 1970) * DA Sanctuary Counteroffensive (1 May 1970 - 30 June 1970) * Vietnam Counteroffensive, Phase VII (1 July 1970 - 30 June 1971) c. The Marksmanship Qualification Badge is awarded to indicate the degree - Expert, Sharpshooter, and Marksman - in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification should be shown as: Expert Marksmanship Qualification Badge with Rifle Bar. 2. 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 that during his assignment to the 190th Aviation Company (Assault Helicopter), it was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 May 1969 to 15 May 1970, by Department of the Army General Orders (DAGO) Number 55, dated 1971. 3. DAGO Number 8, dated 1974, announced award of the Republic of Vietnam 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. 4. Army Regulation 15-185 (ABCMR) states ABCMR members will review all applications that are properly before them to determine the existence of an error or injustice; direct or recommend changes in military records to correct the error or injustice, if persuaded that material error or injustice exists and that sufficient evidence exists on the record. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR may, in its discretion, hold a hearing. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. DISCUSSION: 1. The applicant's requests for award of the Purple Heart and a personal appearance before this Board were carefully considered. 2. The applicant provides two military medical documents, dated 11 August 1970, which show he received fragmentary wounds to his right knee/thigh area as a result of the helicopter he was flying in being shot down. His record contains and he provides general orders for award of the Air Medal with "V' Device, which he received as a result of his heroic actions when his helicopter being shot down in the Republic of Vietnam on 11 August 1970. 3. The applicable Army regulation states the Purple Heart is awarded for wound(s) sustained in action against an enemy or as a result of hostile action. 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. 4. Based on the aforementioned evidence when coupled together, it would appear he provided substantiating evidence that his wounds were sustained as a result of enemy or as a result of hostile action, the wounds received medical treatment and were documented on official military medical forms on 11 August 1970. Therefore, meeting the criteria as outlined in the applicable Army regulation. 5. General Orders Number 9038 awarded him the Air Medal (2nd Award) with "V" Device on 12 September 1970. However, his DD Form 214 inaccurately depicts only one award of an Air Medal. 6. Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). This award is not listed on his DD Form 214. 7. The applicable Army regulation states a bronze service star is authorized for each campaign a member is credited with participating in for wear on the Vietnam Service Medal. He participated in three campaigns during his service in the Republic of Vietnam; however, his DD Form 214 does not show any bronze service stars with his previously-awarded Vietnam Service Medal. 8. His unit in the Republic of Vietnam was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment. This unit award is not listed on his DD Form 214. 9. DAGO Number 8, dated 1974, cited all units in the Republic of Vietnam for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his service in the Republic of Vietnam. This award is not listed on his DD Form 214. 10. The applicant's request for a personal appearance hearing was carefully considered. However, by regulation, an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. In this case, the evidence of record and independent evidence provided by the applicant is sufficient to render a fair and equitable decision at this time. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016636 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016636 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2