BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160012919 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 BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160012919 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 8 August 1970, b. deleting the Vietnam Service Medal and Air Medal from his DD Form 214 and c. adding to his DD Form 214: * Distinguished Flying Cross (2nd Award) * Purple Heart * Air Medal with Numeral 43 with "V" Device * Aircraft Crewman Badge * Vietnam Service Medal with one silver service star * Meritorious Unit Commendation * 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. BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160012919 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, the widow of a deceased former service member (FSM), requests correction of her late husband's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show 43 Air Medals, five Purple Hearts, and any awards and decorations to which he might be entitled. 2. The applicant states: * his DD Form 214 should be updated to reflect all of his awards * he was awarded five Purple Hearts 3. The applicant provides: * FSM's DD Form 214 * Air Medal orders and Air Medal with "V" Device orders * two Distinguished Flying Cross orders * Aircraft Crewman Badge orders * service personnel records * marriage license * FSM's death 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 FSM's military records are not available for review. The National Personnel Records Center search failed to locate his service records. This case is being considered based on the documents provided by the applicant. 3. The FSM's DD Form 214 shows he enlisted in the Regular Army on 16 September 1968 for a period of 3 years. He arrived in Vietnam on 10 April 1969. 4. Headquarters, U.S. Army Vietnam, General Orders Number 524, dated 24 February 1970, awarded him the Distinguished Flying Cross for heroism while participating in aerial flight on 18 August 1969 in Vietnam. These orders show his unit as the 236th Medical Detachment, 67th Medical Group, 44th Medical Brigade. 5. Headquarters, U.S. Army Medical Command, Vietnam (Provisional), General Orders Number 457, dated 10 March 1970, awarded him the Air Medal (First Oak Leaf Cluster) with "V" Device for heroism while participating in aerial flight on 24 November 1969 in Vietnam. These order show his unit as the 236th Medical Detachment. 6. Headquarters, U.S. Army Vietnam, General Orders Number 915, dated 20 April 1970, awarded him the Distinguished Flying Cross (First Oak Leaf Cluster) for heroism while participating in aerial flight on 4 September 1969 in Vietnam. These orders show his unit as the 236th Medical Detachment, 67th Medical Group. 7. Headquarters, U.S. Army Medical Command, Vietnam (Provisional), General Orders Number 299, dated 26 October 1970, awarded him the permanent Aircraft Crewman Badge. These orders show his unit as the 236th Medical Detachment. 8. Headquarters, U.S. Army Vietnam, General Orders Number 1180, dated 9 April 1971, awarded him the Air Medal with "V" Device (Third Award). These orders show his unit as the 236th Medical Detachment. 9. Headquarters, U.S. Army Vietnam, General Orders Number 1180, dated 21 April 1971, awarded him the Air Medal (Third through Forty-Second Awards). These orders show his unit as the 236th Medical Detachment. 10. Headquarters, U.S. Army Medical Command, Vietnam, General Orders Number 2264-109, dated 29 June 1971, awarded him the Air Medal with "V" Device (Forty-Third Award) for heroism while participating in aerial flight on 24 October 1970 in Vietnam. These orders show his unit as the 236th Medical Detachment, 67th Medical Group. 11. His DD Form 214 shows he departed Vietnam on 19 April 1971. 12. He participated in five campaigns during his assignment in Vietnam. 13. On 20 April 1971, he was honorably released from active duty. 14. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Vietnam Service Medal * two Overseas Service Bars * Air Medal * Army Good Conduct Medal 15. There are no orders for the Purple Heart in the available records. 16. The Vietnam casualty roster shows he was wounded in action on 8 August 1970. 17. 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 Military Awards Branch, failed to reveal any orders for the Purple Heart pertaining to the FSM. 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, not merely examination, by a medical officer, and the medical treatment must have been documented in the service member's medical and/or health record. The key issue commanders must take into consideration when contemplating an award of this decoration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award. b. Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal. The numeral 2 denotes the second award of the Air Medal. c. A bronze service star is authorized with the Vietnam Service Medal for each credited campaign. A silver service star is authorized in lieu of five bronze service stars. 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 the 236th Medical Detachment was awarded the Meritorious Unit Commendation for actions during the period July 1970 to November 1971 in Department of the Army General Orders Number 5, dated 1973. 3. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. Orders show the FSM was awarded 43 Air Medals, 2 awards for valor. His DD Form 214 does not show the Air Medal with Numeral 43 with "V" Device. 2. Orders show the FSM was awarded the Aircraft Crewman Badge and two awards of the Distinguished Flying Cross. His DD Form 214 does not show these awards. 3. Although the applicant contends the FSM was awarded five Purple Hearts, there are no orders for award of the Purple Heart in the available records. 4. The entry on the Vietnam casualty roster showing he was wounded as a result of hostile action in Vietnam on 8 August 1970 confirm his eligibility for the Purple Heart. His DD Form 214 does not show this medal. 5. He participated in five campaigns during his service in Vietnam and is authorized one silver service star with his award of the Vietnam Service Medal. This silver service star is not shown on his DD Form 214. 6. His Vietnam unit was awarded the Meritorious Unit Commendation during the period he was assigned. His DD Form 214 does not show this unit award. 7. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam. The applicant served in Vietnam during a qualifying period. His DD Form 214 does not show this medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012919 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012919 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2