IN THE CASE OF: BOARD DATE: 19 July 2023 DOCKET NUMBER: AR20230000183 APPLICANT REQUESTS: * The applicant, brother of a deceased former service member (FSM), requests that the Board award the FSM the Purple Heart and the Air Medal, and, in effect, add those awards to the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * Permission to appear personally before the Board, via video/telephone APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Applicant's birth certificate * FSM's death certificate FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, United States Code (USC), section 1552 (b) (Correction of Military Records: Claims Incident Thereto). However, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he started this process by contacting his U.S. Congressman, who told him to complete a DD Form 159 (sic). a. Subsequently, he traveled to to speak with members of his brother's PTSD (post- traumatic stress disorder) group, and he visited the local Veterans' Assistance Office; they all recommended the applicant contact the Congressman's office directly, but the Congressman's office referred him back to the Veterans' Assistance Office. The applicant now sincerely hopes the Board can help him correct his brother's DD Form 214. b. The applicant discloses his brother recently passed away, but he never told the applicant or any of the family about his service in Vietnam. The family only knew the FSM was among the first advisors to deploy to Vietnam, and that he was a hero who sacrificed himself by assisting wounded Soldiers onto a Huey (UH-1 Iroquois) helicopter. The FSM served as a helicopter crew chief and M-60 machine gunner, and, at one point during combat, both the pilot and co-pilot were so severely wounded that the FSM had to fly the helicopter back to safety. 3. The FSM's service records reveal the following: a. On 29 November 1963, the FSM enlisted into the Regular Army for 3 years; upon completion of initial entry training and the award of military occupational specialties 67A (Aircraft Maintenance Crewman) and 67B (Single-Engine Observation-Utility Airplane Mechanic), orders assigned the FSM to a transportation company at Fort Riley, KS, and he arrived at his new unit, on 20 May 1964. b. On 13 August 1964, orders transferred the FSM to the 7th Aviation Platoon at Fort Riley. On 21 August 1964, Headquarters, Fort Riley Movement Orders directed the FSM's unit to permanently change stations to Vietnam. On 26 September 1964, the FSM arrived in Vietnam with his unit; on 29 September 1964, orders transferred the FSM to the 117th Aviation Company (Airmobile). c. On 22 June 1965, the Senior Marine Advisor, Naval Advisory Group, Military Assistance Command, Vietnam, issued letter of commendation to the FSM and two other Soldiers. The letter stated: (1) For the period 26 March to 11 June 1965, the FSM and the two other Soldiers were assigned as crewmembers on a O-1 aircraft (i.e., Cessna O-1 Bird Dog Observation Aircraft), and their mission was to provide direct support to a Marine Task Force. The FSM and the two other Soldiers had alternated in the position of crew chief, and the assignment had necessitated them to live under very difficult conditions. (2) "Operational commitments of the Marine Task Force and 22nd Division generated a daily average of 4 hours flying and occasionally as high as 7 hours. The crew chief refueled the aircraft at Bong Son, but routine maintenance required trips to Pleiku and Quy Nhon, which had to be sandwiched between operational requirements." "All three men worked competently and diligently under poor conditions to maintain the aircraft, instantly responsive to the daily requirement of the Task Force commander." "The subject-named men are commended for their professional abilities and cooperative attitudes." d. On 21 September 1965, the FSM completed his tour in Vietnam, and orders reassigned him to Fort Devens, MA; he arrived on 19 October 1965. e. U.S. Army, Vietnam General Orders (GO), dated 11 January 1966, awarded the FSM the Air Medal; the award's citation stated the FSM had distinguished himself by meritorious achievement while participating in sustained aerial flight in support of combat ground forces of the Republic of Vietnam, during the period 20 October 1964 to 3 April 1965. "During this time, he actively participated in more than 25 aerial missions over hostile territory in support of counterinsurgency operations. During all of these missions, he displayed the highest order of air discipline and acted in accordance with the best traditions of the service." f. On 28 November 1966, orders honorably released the FSM from active duty and transferred him to the U.S. Army Reserve for the remainder of his military service obligation. The FSM's DD Form 214 shows he completed 3 years of net active-duty service; in addition, the form reflects the following: (1) Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) lists the following: * National Defense Service Medal * Two overseas service bars * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal with two bronze service stars * Two marksmanship qualification badges (2) Item 27 (Wounds Received As a Result of Action with Enemy Forces) states, "NA" (not applicable). (3) Item 32 (Remarks) does not show the FSM's Vietnam service. g. The Vietnam Casualty Roster is a listing of Vietnam-era casualties commonly used to verify the entitlement to the award of the Purple Heart. The FSM is not listed on this roster. h. 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 and maintained by the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the FSM. i. The FSM's DA Form 20 (Enlisted Qualification Records) shows the following: * Item 40 (Wounds) – no wounds are listed * Item 41 (Awards and Decorations) – the award of the Air Medal is shown, but the Purple Heart is not reflected 4. Army Regulation (AR) 15-185 (ABCMR) states an applicant is not entitled to a hearing before the Board; however, the request for a hearing may be authorized by a panel of the Board or by the Director of ABCMR. 5. During the FSM's era of service, Army Regulation (AR) 672-5-1 (Awards), prescribed policies and procedures for military awards. a. The Purple Heart was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action. Substantiating evidence had to be provided verifying that the wound resulted from hostile action, the wound required treatment by medical personnel, and the medical treatment received had been made a matter of official record. b. The Aircraft Crewman Badge could be awarded on a temporary or permanent basis. For temporary award, a commander could allow Soldiers to wear the badge when they held flying status as a crewmember. For the award to be granted permanently, the Soldier had to have performed crewmember duties for not less than 12 months or be school-trained; however, individuals who participated in at least 15 combat missions, under probable exposure to enemy fire while serving as a crewmember, could also be permanently authorized the Aircraft Crewman Badge. 6. AR 600-106, in effect at the time, established policies and procedures for the award of aerial designations. Under Section IV (Flying Status for Non-Aviator Personnel), the regulation stated crewmember flying status involved the performance of duties in flight (crew complement) which were essential to the operation of the aircraft; this included the following positions: Authorized TOE (Table of Organizations and Equipment) or TD (Table of Distribution and Allowances) enlisted crewmembers who occupied crew positions for helicopters and fixed-wing planes. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that partial relief was warranted. The Board carefully considered the former service member’s record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s (on behalf of FSM) petition and available military records the Board determined there was sufficient evidence the applicant met the criteria for award of the Air Medal based on commendation to the FSM and regulatory guidance. Furthermore, the Board found sufficient evidence that the applicant met the criteria as a MOS 67A (Aircraft Maintenance Crewman) and 67B (Single-Engine Observation-Utility Airplane Mechanic for award of the Aircraft Crewman Badge. 2. However, the Board determined the there is no medical record showing the FSM received wounds caused by enemy forces that required treatment by medical personnel. The burden of proof rest on the FSM and the applicant on behalf of the FSM provided no evidence to support the claim for award of the Purple Heart. The Board agreed there was insufficient evidence that showed the FSM’s name on the casualty listing or notification to his family that he had been wounded. There is no medical record showing the FSM received wounds caused by enemy forces that required treatment by medical personnel. Based on the preponderance of evidence the Board granted partial relief to award the Air Medal and Aircraft Crewman Badge. 3. Per the regulatory guidance on awarding the Purple Heart, the applicant must provide or have in his service records substantiating evidence to verify that he was injured, 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. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 5. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. In addition to the administrative notes annotated by the Analyst of Record (below the signature), the Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 to show in item 26 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) Air Medal and Aircraft Crewman Badge 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart. 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. ADMINISTRATIVE NOTE(S): 1. AR 635-5 (Separation Documents), in effect at the time, stated the DD Form 214 was to list all decorations, service medals, campaign credits, and badges awarded or authorized. Additionally, change 11, effective January 1970, required the DD Form 214 to show a separating Soldier’s Vietnam service in remarks. 2. Department of the Army Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign Participation Credit Register), currently in effect, shows: a. Department of the Army General Orders (DAGO) Number 20, 1967, awarded the Valorous Unit Award to the 117th Aviation Company for the period 18 to 28 October 1965. b. DAGO Number 8, dated 1974, all units that served in Vietnam received the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 3. Based on the foregoing, amend the FSM's DD Form 214, ending 28 November 1966, as follows: a. Add the following to item 26: * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation b. In Item 32, add the comment: “SERVICE IN VIETNAM FROM 26 SEPTEMBER 1964 TO 21 SEPTEMBER 1965.” REFERENCES: 1. 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 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. 2. AR 672-5-1, in effect at the time, prescribed policies and procedures for the individual and unit military awards. a. The Purple Heart was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action. Substantiating evidence had to be provided verifying that the wound resulted from hostile action, the wound required treatment by medical personnel, and the medical treatment received had been made a matter of official record. b. The Aircraft Crewman Badge could be awarded on a temporary or permanent basis. For temporary award, a commander could allow Soldiers to wear the badge when they held flying status as a crewmember. For the award to be granted permanently, the Soldier had to have performed crewmember duties for not less than 12 months or be school-trained; however, individuals who participated in at least 15 combat missions, under probable exposure to enemy fire while serving as a crewmember, could also be permanently authorized the Aircraft Crewman Badge. 3. AR 600-106 established policies and procedures for the award of aerial designations. Under Section IV (Flying Status for Non-Aviator Personnel), the regulation stated crewmember flying status involved the performance of duties in flight (crew complement) which were essential to the operation of the aircraft; this included the following positions: authorized TOE or TD enlisted crewmembers who occupied crew positions for helicopters and fixed-wing planes; enlisted door gunners who were engaged in actual combat. 4. AR 15-185 (ABCMR) states an applicant is not entitled to a hearing before the Board; however, the request for a hearing may be authorized by a panel of the Board or by the Director of ABCMR. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230000183 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1