IN THE CASE OF: BOARD DATE: 8 September 2016 DOCKET NUMBER: AR20150013488 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: 8 September 2016 DOCKET NUMBER: AR20150013488 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 action on 24 June 1968 in the Republic of Vietnam; b. awarding him the Army Good Conduct Medal (1st Award) for the period 18 January 1966 through 17 January 1969; c. deleting the Vietnam Service Medal from his DD Form 214 for the period ending 28 December 1970; and d. adding the following awards to his DD Form 214 for the period ending 28 December 1970: * Purple Heart * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with one silver service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation __________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: 8 September 2016 DOCKET NUMBER: AR20150013488 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. 2. The applicant states he believes he should be awarded the Purple Heart for injuries he received to his back in a helicopter crash on 24 June 1968 while on a combat mission in Vietnam. As a result of this crash, five Soldiers were killed and four were injured. 3. The applicant provides: * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 28 December 1970 * clinical record, dated 16 September 1968 * Office of the Surgeon General Form 84-R (Clinical Record Cover Sheet), dated 6 October 1968 * incident report on helicopter crash 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 18 January 1966 for a period of 3 years. He was honorably discharged on 25 January 1967 for immediate reenlistment. His DD Form 214 for the period ending 25 January 1967 shows he was awarded the National Defense Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 3. He reenlisted on 26 January 1967 for a period of 4 years. 4. His DA Form 20 (Enlisted Qualification Record) shows: * he served in Vietnam from 26 April 1967 to 28 July 1968 * he was assigned to Company B, 2d Battalion, 34th Armor Regiment, from 28 April 1967 to 19 April 1968 * he was assigned to the 173d Assault Helicopter Company from 16 May 1968 until he was hospitalized on 29 June 1968 * he received all "excellent" conduct and efficiency ratings throughout his service 5. He provided an Office of the Surgeon General Form 84-R, dated 6 October 1968, stating he was injured as a result of hostile action at 1430 when he was involved in a helicopter crash on 24 June 1968 in the Republic of Vietnam. He was diagnosed with multiple compression fractures, T-8, T-11, and L-4 vertebrae, without neurological involvement. 6. He participated in five campaigns during his assignment in Vietnam. 7. On 28 December 1970, he was honorably released from active duty in the rank of staff sergeant after completing 4 years and 8 days of creditable active service with no lost time. 8. His DD Form 214 for the period ending 28 December 1970 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Bronze Star Medal * Republic of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 9. There are no orders for the Purple Heart in the available records. 10. There is no evidence indicating he was awarded the first award of the Army Good Conduct Medal (AGCM). 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 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 is worn on the Vietnam Service Medal for each credited campaign. A silver service star is authorized in lieu of five bronze service stars. 2. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years, but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial. 3. 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 Company B, 2d Battalion, 34th Armor Regiment, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for outstanding service during the period 12 July 1965 to 16 October 1969 by Department of the Army General Orders Number 21, dated 1969. DISCUSSION: 1. The applicant's medical record, dated 6 October 1968, shows he was injured as a result of hostile action on 24 June 1968 in the Republic of Vietnam. He is entitled to award of the Purple Heart. 2. He was honorably released from active duty in the rank of staff sergeant with 4 years, 11 months, and 11 days of total active service and no lost time. He received all "excellent" conduct and efficiency ratings throughout his service. It appears he met the eligibility criteria for the AGCM (1st Award) for the period 18 January 1966 through 17 January 1969 based on completion of 3 years of continuous enlisted active Federal military service. 3. He participated in five campaigns during his assignment in Vietnam, which authorizes him award of the Vietnam Service Medal with one silver service star. His DD Form 214 for the period ending 28 December 1970 does not show these bronze service stars. 4. His Vietnam unit (Company B, 2d Battalion, 34th Armor Regiment) was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period in which he was assigned. His DD Form 214 for the period ending 28 December 1970 does not show this unit 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) AR20150013488 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013488 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2