IN THE CASE OF: BOARD DATE: 6 September 2023 DOCKET NUMBER: AR20230002234 APPLICANT REQUESTS: * Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his assignments to the 17th Assault Helicopter Company and the 101st Aviation Battalion * The addition of all authorized awards to his DD Form 214 * In effect, award the Purple Heart for wounds incurred, on or about 31 October 1968 * In effect, copies of his DD Forms 256A (Honorable Discharge Certificate) for his two periods of active-duty service: 13 January 1967 through 12 September 1967 and 13 September 1967 through 1 July 1970 APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * Two DD Forms 149 (Application for Correction of Military Record) * DD Form 214 * Operative/Procedure Report * Four Photos * Driver's License and Department of Defense (DOD)/Uniformed Services Identification and Privilege Card * Information Sheet: Reverse Shoulder Replacement * Department of Veterans Affairs (VA) physician's letter * Three X-Rays 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, in effect, he served in combat during the Vietnam War; he was a door gunner in both the 17th Air Assault Helicopter Company and the 101st Aviation Battalion. He argues his DD Form 214 should specifically list his service in both units. In additional comments and two self-authored statements, the applicant states the following: a. On 31 October 1968, a hand grenade exploded and wounded him; doctors medically evacuated him first to Japan and then to Walter Reed Army Medical Center in Washington, D.C., and the Army later reassigned him to Fort Belvoir, VA. b. As a door gunner; it was the applicant's job to protect the pilots, crew, and passengers; members of his leadership in Vietnam told him they would put him in for a number of awards, based on his valorous actions during combat. (1) In one instance, he was part of the helicopter crew that rescued over 100 Army of the Republic of Vietnam (ARVN) Soldiers during a typhoon; had his crew not acted, the ARVN Soldiers would have drowned. (2) The applicant additionally notes he participated in more missions than he can count that involved the retrieval of long range reconnaissance patrols; he was wounded during one of those missions, and all he remembers is waking up in the hospital. c. Following his release from the hospital, he spent about 2 months at home until the Army reassigned him. (1) He told his "higher ups" he wanted to remain in the service and become a helicopter pilot, but they said, because his face and arm injuries had not fully healed, his presence would be "bad for morale." (2) For this reason, they kept the applicant hidden for months, requiring him to work in places where few if any would see him; for example, they sent him to the motor pool, put him on kitchen police in the early morning, or had him perform night guard duty at the back gate. The applicant points out that, from a distance of 20 to 25 feet, his unhealed wounds were not that noticeable, but when he worked in the kitchen, the cooks often turned their heads away when speaking to him. d. The applicant additionally states: * He reenlisted for Vietnam after completing about 8 months but never received his honorable discharge * This is now his third attempt to correct his records; he mailed a previous requests several years ago; when his wife died, her passing greatly affected him and "through (sic) me off my game" * He has two grandsons who joined the Navy, but he never showed them his DD Form 214 because of the errors and missing information * He has since remarried, but he has not been able to get his new wife an identification card because, according to a clerk, they needed an updated DD Form 214 3. A review of the applicant's service record reveals the following: a. On 13 January 1967, the applicant enlisted into the Regular Army for 3 years; upon completion of initial entry training and the award of military occupational specialty (MOS) 63B (Wheeled Vehicle Mechanic), orders assigned him to a field artillery battalion in Germany; he arrived at his new unit, on 13 June 1967. b. On 12 September 1967, the Army honorably discharged the applicant so he could immediately reenlist. Although the applicant's separation is announced in Special Orders (SO), his available service record is void of a DD Form 214; the applicant completed 8 months during his first term of service. c. On 13 September 1967, the applicant reenlisted in the Regular Army for 3 years; his reenlistment option was reassignment to Vietnam. On 22 November 1967, the applicant arrived in Vietnam, and, effective 25 November 1967, orders assigned him to the 43rd Engineer Company (DT) for duty as a mechanic's helper. On 1 December 1967, the applicant's chain of command promoted him to specialist four (SP4)/E-4. d. On 1 May 1968, the Group Surgeon for the 12th Combat Aviation Group prepared a memorandum certifying that the applicant met the medical qualifications to be a door gunner. On 3 May 1968, the applicant requested reassignment to any unit in Vietnam for duty as a door gunner; although the applicant's company commander reported the applicant's conduct and efficiency as "Excellent," he recommended disapproval, based on the need for the applicant to help train newly assigned Soldiers. e. On 4 June 1968, Headquarters, U.S. Army, Vietnam (USARV) approved the applicant's request and directed his reassignment to the 308th Aviation Battalion, effective 16 June 1968. SO further assigned the applicant to the 17th Assault Helicopter Company, and he arrived at his unit, on 21 June 1968; his principal duty MOS is listed as "67A1F Gunner." f. On or about 1 August 1968, intratheater orders transferred the applicant to Company B, 101st Aviation Battalion; his duty MOS remained "67A1F.". According to the applicant's DA Form 20 (Enlisted Qualification Record), on or about 1 November 1968, the applicant sustained second and third degree burns to his face and both hands; the entry does not specify what caused the wounds and whether or not they resulted from enemy action. On 27 November 1968, medical authority evacuated the applicant to Walter Reed Army Medical Center. g. On 16 April 1969, orders reassigned the applicant to an engineer battalion at Fort Belvoir; his principal duty MOS was 63B. On 3 October 1969, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) for failing to report for 0500 hours kitchen police, on 1 October 1969; punishment consisted of 5-days' extra duty. On 14 October 1969, the applicant accepted NJP for absenting himself from his place of duty: Guard Post; the imposing commander's punishment was reduction from SP4 to private first class (PFC)/E-3. h. Orders subsequently reassigned the applicant to an armored cavalry squadron at Fort Meade, MD, and he arrived, on 2 June 1970. On 1 July 1970 and based on an early release authorization to attend school, orders honorably released the applicant from active duty and transferred him to the U.S. Army Reserve. His DD Form 214 shows he completed 2 years, 9 months, and 19 days of net active duty service; the form additionally reflects the following: (1) Item 12 (Last Duty Assignment and Major Command) – Armored Cavalry Squadron at Fort Meade, MD; First U.S. Army. (2) Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), two overseas service bars, and one marksmanship qualification badge. (3) Item 30 (Remarks) – Lists the date of the applicant's Vietnam service as, "22 Nov 67 through 27 Nov 68"; there are no entries reflecting the applicant's units of assignment. i. At some point prior to June 1971, the applicant sent a letter to the Office of The Adjutant General, U.S. Army Administration Center, stating the Claims Office in Indianapolis, IN had told him they had no record of his flight status while in Vietnam. He hoped the Office of the Adjutant General would give his letter careful consideration, as he had had the "buck passed around to me for several years." (1) The applicant provided the units to which he was assigned as well as the dates of assignment, and he requested copies of his flight orders and DA Forms 759 (Individual Flight Record and Flight Certificate – Army (Part I)) and 759-1 (Individual Flight Record and Flight Certificate – Army (Part II)). (2) On 28 June 1971, the Office of The Adjutant General, U.S. Army Administration Center responded, stating the information provided by the applicant was insufficient for them to identify his record of service. Subsequently, the applicant submitted his military service and social security numbers and specified his dates of Regular Army service; the available service record is void of any further correspondence. j. The applicant's available service record is void of any General Orders authorizing awards, and, apart from duty MOS entries on his DA Form 20, there are no DA Forms 759 or 759-1 or other similar documentation to confirm his service on helicopter flights as a door gunner. His DA Form 20 indicates the following: (1) Item 38 (Record of Assignments – Conduct – Efficiency) – The applicant earned either "Excellent" or "Unknown" ratings until his assignment to Fort Belvoir. * 16 April 1969 through on or about 11 March 1970 – Conduct "Excellent"; Efficiency "Fair" * 12 March to 6 May 1970 – Conduct "Excellent"; Efficiency "Excellent" * 7 May to 19 June 1970 – Conduct "Good"; Efficiency "Fair" * 20 June to 1 July 1970 – Reassignment to Fort Meade; Conduct "Excellent"; Efficiency "Excellent" (2) Item 41 (Awards and Decorations) – National Defense Service Medal, Vietnam Service Medal. Republic of Vietnam Campaign Medal with Device (1960), Two overseas service bars, and one marksmanship qualification badge. k. 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 applicant is not listed on this roster. l. 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 General Orders, including for the Purple Heart, which pertained to the applicant. 4. AR 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures for the completion of the DD Form 214. a. The regulation required DD Forms 256A to be issued upon a Soldier's honorable separation. b. The regulation required item 12 to list the separating Soldier's current unit of assignment and major command. c. Item 30 (Remarks) was to show the dates of a Soldier's service in Vietnam; there was no provision for listing the units with which a Soldier served during combat. 5. During the applicant's era of service, 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 Air Medal was awarded to any person who, while serving in any capacity in or with the Army of the United States, distinguished himself by meritorious achievement while participating in aerial flight. Awards could be conferred for single acts of merit or sustained operational activities against an armed enemy, or for heroic acts during aerial flight. c. United States Army, Vietnam (USARV) Regulation 672-1, in effect at the time, added additional criteria for the Air Medal: (1) The regulation defined "Crewmember" as an individual on flying status performing duties in flight which were essential to the operation of the aircraft; this included pilot, co-pilot, aircraft TOE (Table of Organization and Equipment) or TD (Table of Distribution) crew chief, and gunners, as defined in para 10 of AR 600-106 (Aeronautical Designations and Flying Status for Army Personnel). (2) The regulation also established three categories for aerial missions: * Category I – An assault role in which a hostile force was engaged and was characterized by delivery of ordnance against a hostile force, or delivery of supplies into the immediate combat operations area * Category II – A mission in support of a friendly force immediately before, during, or immediately following a combat operation; examples included air land or parachute resupply not connected to a combat assault and troop lift in support of combat operations not connected to a combat assault * Category III – A mission supporting friendly forces that was not connected to an immediate combat operation, but which required the aircraft to operate at altitudes that made the aircraft vulnerable to small arms fire or during adverse weather or terrain conditions (3) To receive the Air Medal based on participation in sustained operations, the prospective awardee had to have completed a specific number of missions and hours of flight time: * 25 Category I missions with a minimum of 25 hours of flight time * 50 Category II missions with at least 50 hours of flight time * 100 Category III missions with not less than 100 hours of flight time (4) The potential awardee's accomplishments and service for the entire group of missions had to reflect meritorious performance throughout, with no instances of unprofessionalism, mediocrity, or failure to display an offensive spirit. (5) The regulation provided examples as to how flights recorded on DA Forms 759 and 759-1 could be used to determine the types and numbers of missions, as well as the total flight hours by category. d. 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. e. The Army Good Conduct Medal 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, commanders could award the Army Good Conduct Medal, upon termination of the Soldier's service on or after 27 June 1950, if he or she had served less than 3 years but more than 1 year. Additionally, the Soldier had to have had all “Excellent” conduct and efficiency ratings and no court-martial convictions. 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. 7. AR 635-8 (Separation Processing and Documents), currently in effect, states, in cases where either a DD Form 214 was never issued or the DD Form 214 was lost, a DD Form 214 replacing the form cannot be reissued; however, if the Veteran's record contains sufficient corroborating information, he/she can request the U.S. Army Human Resources Command (HRC) to provide a DA Form 1569 (Transcript of Military Records) in lieu of the DD Form 214. a. All requests for a DA Form 1569 must be submitted in writing, with date and signature included. Alternatively, the Veteran can send a completed and signed Standard Form (SF) 180 (Request Pertaining to Military Records); (SF 180 are available for download by going to the following website: https://www.gsa.gov/forms- library/request-pertaining-militaryrecords). b. Requests should be sent to the following address: Commander U.S. Army Human Resources Command ATTN: AHRC-PDR-H 1600 Spearhead Division Avenue Fort Knox, KY 40122 c. More information is available at HRC's associated webpage: https://www.hrc.army.mil/content/Veteran%20Certificate%20of%20Release%20o r%20Discharge%20Replacement 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 applicant'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 petition and available military records, the Board determined there was insufficient evidence to support the applicant’s combat mission for award of the Air Medal. However, the Board agreed the applicant’s DA Form 20, block 40 annotated the applicant was wounded with 2nd and 3rd degree burns on his face and both his hand on 1 Nov 1968 while serving in the Republic of Vietnam. Based on this, the Board determined the applicant met the criteria for award of the Purple Heart. The Board noted the applicant served as a door gunner and was evacuated due to his wounds. 2. Furthermore, the Board determined the applicant's service record did not reflect he was awarded the Army Good Conduct Medal (1st Award) and his record shows he received "excellent" conduct and efficiency ratings throughout his service. Therefore, partial relief was granted to correct the applicant’s record and award him the Army Good Conduct Medal and the Purple Heart. 3. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction be completed to more accurately depict the military service of the applicant. 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 awarding him the Purple Heart and the Army Good Conduct Medal (1st Award) for exemplary service from 13 September 1967 to 1 July 1970 and adding the medal to his DD Form 214 for the period ending 1 July 1970. 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 his assignments to the 17th Assault Helicopter Company and the 101st Aviation Battalion and award of the Air Medal. 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, in effect at the time, stated the DD Form 214 was to list all decorations, service medals, campaign credits, and badges awarded or authorized. 2. AR 600-8-22 (Military Awards), currently in effect, states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States based on their 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 the Soldier’s participation in each recognized campaign, including: * Counteroffensive, Phase III (1 June 1967 to 29 January 1968) * Tet Counteroffensive (30 January 1968 to 1 April 1968 * Counteroffensive, Phase IV (2 April 1968 to 30 June 1968 * Counteroffensive, Phase V (1 July 1968 to 1 November 1968) * Counteroffensive, Phase VI (2 November 1968 to 22 February 1969) 3. Department of the Army Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign Participation Credit Register) shows: a. Department of the Army General Order (DAGO) Number 43, dated 1969, awarded the 43rd Engineer Company the Meritorious Unit Commendation, for the period 1 November 1967 to 30 April 1968. b. DAGO Number 43, dated 1970, awarded the 43rd Engineer Company the Republic of Vietnam Civil Actions Honor Medal, First Class, for the period 3 August 1967 to 9 February 1970. c. DAGO Number 8, dated 1974, awarded all units that served in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 4. Based on the foregoing, amend the applicant's DD Form 214, ending 11 October 1967, as follows: a. Delete the Vietnam Service Medal. b. Add the following to item 24: * Vietnam Service Medal with five bronze service stars * Meritorious Unit Commendation * Republic of Vietnam Civil Actions Honor Medal, First Class * Republic of Vietnam Gallantry Cross with Palm Unit Citation REFERENCES: 1. Title 10, USC, 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 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures for the completion of the DD Form 214. The regulation required DD Forms 256A to be issued upon a Soldier's honorable separation. Item 12 listed the separating Soldier's current unit of assignment and major command. Item 30 was to show the dates of a Soldier's service in Vietnam; there was no provision for listing the units with which a Soldier served during combat. 3. AR 672-5-1, in effect at the time, prescribed policies and procedures for 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. (1) Beyond showing that a Soldier sustained a wound or injury, approval of the Purple Heart required substantiating evidence that validated the wound resulted from hostile action, the wound/injury was serious enough to require treatment by medical personnel, and the medical personnel must have recorded the treatment a matter of official record. (2) The regulation's approval authority for the issuance of Purple Hearts was the commanding general of any separate force who was in the grade or position of major general or higher, or by any field grade officer to whom the commanding general had delegated authority; in addition, hospital commanders could award the Purple Heart to eligible medical evacuees wounded in combat during Vietnam. b. The Air Medal was awarded to any person who, while serving in any capacity in or with the Army of the United States, distinguished himself by meritorious achievement while participating in aerial flight. Awards could be conferred for single acts of merit or sustained operational activities against an armed enemy, or for heroic acts during aerial flight. c. United States Army, Vietnam (USARV) Regulation 672-1, in effect at the time, added additional criteria for the Air Medal: (1) The regulation defined "Crewmember" as an individual on flying status performing duties in flight which were essential to the operation of the aircraft; this included pilot, co-pilot, aircraft TOE (Table of Organization and Equipment) or TD (Table of Distribution) crew chief, and gunners, as defined in para 10 of AR 600-106 (Aeronautical Designations and Flying Status for Army Personnel). (2) The regulation also established three categories for aerial missions: * Category I – An assault role in which a hostile force was engaged and was characterized by delivery of ordnance against a hostile force, or delivery of supplies into the immediate combat operations area * Category II – A mission in support of a friendly force immediately before, during, or immediately following a combat operation; examples included air land or parachute resupply not connected to a combat assault and troop lift in support of combat operations not connected to a combat assault * Category III – A mission supporting friendly forces that was not connected to an immediate combat operation, but which required the aircraft to operate at altitudes that made the aircraft vulnerable to small arms fire or during adverse weather or terrain conditions (3) To receive the Air Medal based on participation in sustained operations, the prospective awardee had to have completed a specific number of missions and hours of flight time: * 25 Category I missions with a minimum of 25 hours of flight time * 50 Category II missions with at least 50 hours of flight time * 100 Category III missions with not less than 100 hours of flight time (4) The potential awardee's accomplishments and service for the entire group of missions had to reflect meritorious performance throughout, with no instances of unprofessionalism, mediocrity, or failure to display an offensive spirit. (5) The regulation provided examples as to how flights recorded on DA Forms 759 and 759-1 could be used to determine the types and numbers of missions, as well as the total flight hours by category. d. 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. e. The Army Good Conduct Medal 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, commanders could award the Army Good Conduct Medal, upon termination of the Soldier's service on or after 27 June 1950, if he or she had served less than 3 years but more than 1 year. Additionally, the Soldier had to have had all “Excellent” conduct and efficiency ratings and no court-martial convictions. 4. 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. 5. AR 635-8 (Separation Processing and Documents), currently in effect, states, in cases where either a DD Form 214 was never issued or the DD Form 214 was lost, a new DD Form 214 cannot be reissued; instead, in cases where the Veteran's record contains sufficient corroborating information, he/she can request the U.S. Army Human Resources Command (HRC) to provide a DA Form 1569 (Transcript of Military Records) in lieu of the DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230002234 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1