RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 November 2003
         DOCKET NUMBER: AR2003089533


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Mr. Mark D. Manning		Member
Ms. Barbara J. Ellis		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests, in effect, correction of his DD Form 214 (Report of Transfer from Active Duty) for the period ending 29 March 1974 to show award of the Purple Heart, the Air Medal and a second award of the Vietnam Service Medal.

2. The applicant states that he was told the orders for these medals would follow him back to the United States but he never received them. He also contends that he has the medals but they are not listed on his DD Form 214.

3. The applicant provides two DD Forms 214 for the periods ending 29 March 1974 and 19 March 1970.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error which occurred on 29 March 1974. The application submitted in this case is dated 4 April 2003.

2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. The applicant was inducted on 22 May 1968. He served as an infantry indirect fire crewman assigned to Company D, 3rd Battalion, 7th Infantry of the 199th Infantry Brigade in Vietnam from 19 October 1968 through 19 October 1969 and was honorably discharged on 19 March 1970 for immediate reenlistment. He reenlisted on 20 March 1970. He served as an infantry indirect fire crewman assigned to Company A, 1st Battalion of the 501st Infantry in Vietnam from 2 January 1971 through 10 December 1971. On 29 March 1974, the applicant was honorably released from active duty.

4. The applicant's DD Form 214 for the period ending 19 March 1970 shows the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Combat Infantryman Badge as authorized awards.

5. The applicant's DD Form 214 for the period ending 29 March 1974 shows the National Defense Service Medal, the Vietnam Service Medal with one silver
service star and two bronze service stars, the Vietnam Campaign Medal, the Combat Infantryman Badge, the Bronze Star Medal, the Army Commendation Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar as authorized awards.

6. There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.

7. The applicant's DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank. The applicant’s name does not appear on the Vietnam Casualty Roster.

8. The applicant underwent a separation physical examination on 21 January 1974 which makes no mention of any wounds or injuries sustained as a result of hostile action.

9. There are no orders for the Air Medal in the applicant's service personnel records. There are no flight hours recorded in the applicant's service personnel records. There is also no evidence that the applicant met the qualifications for or was recommended for award of the Air Medal.

10. The applicant's service personnel records show that he participated in four campaigns during his first tour in Vietnam and participated in three campaigns during his second tour in Vietnam.

11. There are no orders for the Bronze Star Medal in the applicant's service personnel records. However, 101st Airborne Division (Airmobile) General Orders Number 2231, dated 16 March 1971, show the applicant received the Bronze Star Medal with "V" Device for heroism on 24 January 1971 in Vietnam.

12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit (3rd Battalion,
7th Infantry) is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number
51, dated 1971.

13. Department of the Army Pamphlet 672-3 shows the applicant's unit
(3rd Battalion, 7th Infantry) is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971.

14. Department of the Army Pamphlet 672-3 also shows the applicant's unit
(1st Battalion, 501st Infantry) is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 6, dated 1974. It states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual. Although multiple awards of this unit citation badge may not be worn, official military personnel and historical records will indicate all awards received.

15. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record.

16. Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

17. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal. It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations. It defined terms and provided guidelines for the award based upon the number and types of missions or hours. Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal. However, the regulation was clear that these guidelines were considered only a departure point. Nothing created an entitlement to the award.

18. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal. This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. This regulation also states that no person will be entitled to more than one award of the Vietnam Service Medal.

19. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal. This regulation also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.


DISCUSSION AND CONCLUSIONS:

1. There is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile action in Vietnam. Therefore, there is insufficient evidence on which to base award of the Purple Heart in this case.

2. There is no evidence of record, and the applicant has provided no evidence, which shows he was recommended for, awarded, or otherwise qualified for award of the Air Medal. Therefore, there is insufficient evidence on which to base award of the Air Medal in this case.

3. Evidence of record shows the applicant served two tours in Vietnam and participated in four campaigns during his first tour and three campaigns during his second tour. His DD Form 214 for the period ending 19 March 1970 shows the Vietnam Service Medal as an authorized award. His DD Form 214 for the period ending 29 March 1974 shows award of the Vietnam Service Medal with one silver service star and two bronze service stars. The governing regulation states that no person will be entitled to more than one award of the Vietnam Service Medal. Therefore, there is no basis for granting the applicant's request for a second award of the Vietnam Service Medal.

4. Records show the applicant should have discovered the error or injustice now under consideration on 29 March 1974; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 29 March 1977. However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case.

5. Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board. His DD Form 214 for the period ending 19 March 1970 should show award of the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. His DD Form 214 for the period ending 29 March 1974 should show the Bronze Star Medal with "V" Device, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, administrative correction of the applicant's records will be accomplished by the Army Review Boards Agency (ARBA) Support Division, St. Louis, Missouri, as outlined by the





Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

JNS_____ MDM___ BJE_____ DENY APPLICATION

1. The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested, and therefore, it would not be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.

2. The Board determined that administrative errors in the records of the individual concerned should be corrected. Therefore, the Board requests that the ARBA Support Division-St. Louis administratively correct the DD Form 214 for the period ending 19 March 1970 of the individual concerned to show the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Also, correct the DD Form 214 for the period ending 29 March 1973 of the individual concerned to show he was awarded the Bronze Star Medal with "V" Device, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.




                  _John N. Slone________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003089533
SUFFIX
RECON
DATE BOARDED	20031118
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0018
3.	107.0073
4.
5.
6.