RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 March 2007
	DOCKET NUMBER:  AR20060009983 


	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.



	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

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


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his military records be corrected to show the award of the Purple Heart, the Bronze Star Medal, and the Air Medal with Numeral 5.

2.  The applicant essentially states that his award of the Bronze Star Medal is not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also states, in effect, that he was wounded on a helicopter and treated by a medic, and is entitled to award of the Purple Heart.  He further states that the proper number of awards of the Air Medal is not shown on his 
DD Form 214. 

3.  The applicant provides his DD Form 214, and citations awarding him the Bronze Star Medal and the Air Medal with First through Fourth Oak Leaf Clusters in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
7 February 1968, the date of his release from active duty.  The application submitted in this case is dated 3 July 2006.

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 limitations 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’s military records show that he enlisted in the Regular Army on 
8 February 1965.   After completing basic and advanced individual training, he served at Fort Hood, Texas and Fort Campbell, Kentucky.  He departed for the Republic of Vietnam on 25 September 1966, and served with Headquarters and Headquarters Company (HHC), 1st Brigade, 1st Cavalry Division (Airmobile) during his tour in Vietnam.  He returned to the continental United States on 
22 September 1967, and served at Hunter Army Airfield, Georgia until he was honorably released from active duty on 7 February 1968 and transferred to the United States army Reserve (USAR).  The DD Form 214 that he was issued at the time of his release from active duty shows that he was awarded the Air Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with 1960 Device, the Parachutist Badge, and the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar.  The applicant was discharged from the USAR on 7 February 1971.  On 7 March 1983, he enlisted in the USAR for 1 year, and was honorably discharged on 
6 March 1984.    

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show that he was awarded the Purple Heart.  Item 40 (Wounds) of his 
DA Form 20 (Enlisted Qualification Record) does not list any wounds, and Item 41 (Awards and Decorations) of this same form does not show that he was awarded the Purple Heart.  The applicant did not provide any orders, and there are no orders in his military records which show that he was awarded the Purple Heart.  Additionally, there is no evidence in his medical records that he was treated for wounds received as a result of hostile action.  Further, the applicant’s name is not listed on the Vietnam Casualty Roster.

5.  The applicant’s DD Form 214 does not show that he was awarded the Bronze Star Medal.  However, he was awarded the Bronze Star Medal by Headquarters, 1st Cavalry Division General Orders Number 5880, dated 26 September 1967.

6.  The applicant’s DD Form 214 shows that he was only awarded one Air Medal. However, he was awarded the Basic Air Medal by Headquarters, 1st Cavalry Division General Orders Number 674, dated 14 February 1967.  He was also awarded the Air Medal with First through Fourth Oak Leaf Clusters by Headquarters, 1st Cavalry Division General Orders Number 5715, dated
21 September 1967.  Oak leaf clusters on the Air Medal were subsequently replaced by Arabic numerals, and will be discussed further in this record of proceedings.

7.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

8.  Item 24 of the applicant’s DD Form 214 does not show that he was awarded the Good Conduct Medal.  However, it does show that he served 3 years of continuous enlisted active duty service from 8 February 1965 to 7 February 1968. Item 38 (Record of Assignments) of his DA Form 20 shows that his conduct and efficiency ratings were rated as "excellent" for the entire period of this qualifying period of service, and there is no derogatory information in his military records which could be a disqualifying factor for this period of active duty service for award of the Good Conduct Medal.
9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in 
Vietnam.  This document shows that at the time of the applicant’s assignment to the 1st Cavalry Division, the division was twice cited for award of the Meritorious Unit Commendation by Headquarters, Department of the Army General Orders Number 10, dated 1968, and Headquarters, Department of the Army General Orders Number 37, dated 1970.  This document also shows that at the time of the applicant’s assignment to HHC, 1st Brigade, 1st Cavalry Division, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army General Orders Number 59, dated 1969.

10.  The applicant’s military records show that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during his tenure of assignment, the applicant was credited with participating in the Vietnam Counteroffensive Phase II campaign and the Vietnam Counteroffensive Phase III campaign.

11.  The applicant’s DD Form 214 does not show that he was awarded the Expert Marksmanship Qualification Badge with M-16 Rifle Bar.  However, he was awarded this badge by Headquarters, 101st Airborne Division and Fort Campbell, Fort Campbell, Kentucky Special Orders Number 60, dated 11 March 1966.  

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

13.  Army Regulation 600-8-22 also 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.  This regulation also provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  Numerals, starting with 2 will be used to denote second and subsequent awards of the Air Medal.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time of the applicant’s active duty service, provided policy and criteria concerning individual military decorations.  It stated that 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 and, 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent” or “unknown” for the entire period of qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show the award of the Purple Heart, the Bronze Star Medal, and the Air Medal with Numeral 5.

2.  While the veracity of the applicant’s claim to entitlement to the Purple Heart is not in doubt, there is no evidence and the applicant failed to provide any evidence which shows that he sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds, and that this treatment was made a matter of official record.  Regrettably, absent such evidence, there is no basis for awarding the Purple Heart to the applicant in this case.  

3.  General orders awarded the applicant the Bronze Star Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Bronze Star Medal.

4.  General orders awarded the applicant the Air Medal.  General orders also awarded him the Air Medal with First through Fourth Oak Leaf Clusters, giving him a total of five awards of the Air Medal.  Therefore, he is entitled to correction of his military records to show the award of the Air Medal with Numeral 5.

5.  The applicant served 3 years of continuous enlisted active duty service from 
8 February 1965 to 7 February 1968.  His conduct and efficiency ratings were rated as "excellent" for the entire period of this qualifying period of service, and there is no derogatory information in the available records which could be a disqualifying factor for this period of active duty service for award of the Good Conduct Medal.  Therefore, he is entitled to award of the Good Conduct Medal for the period 8 February 1965 to 7 February 1968, and correction of his military records to show the award of the Good Conduct Medal.

6.  General orders twice awarded the Meritorious Unit Commendation to the
1st Cavalry Division while the applicant was assigned to this division.  General orders also awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to HHC, 1st Brigade, 1st Cavalry Division while the applicant was assigned to this unit.  Therefore, he is entitled to award of the Meritorious Unit Commendation with First Oak Leaf Cluster and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and correction of his military records to show these unit awards.    

7.  The applicant participated in two campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

8.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with M-16 Rifle Bar which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Expert Marksmanship Qualification Badge with M-16 Rifle Bar.

9.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 7 February 1968, the date of his release from active duty.  Therefore, the time for the applicant to file a request for correction of any error or injustice expired on 6 February 1971.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the partial relief being granted in this case, and the fact that there is no time limitation on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__MP ___  ___LR  __  ___RB__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  showing the award of the Bronze Star Medal and the Air Medal with Numeral 5;

	b.  awarding him the Good Conduct Medal for the period 8 February 1965 to 7 February 1968 while serving as a sergeant;

	c.  awarding him the Meritorious Unit Commendation with First Oak Leaf Cluster and the Republic of Vietnam Gallantry Cross with Palm Unit Citation;

	d.  showing two bronze service stars to be affixed to his already-awarded Vietnam Service Medal; and

	e.  showing the award of the Expert Marksmanship Qualification Badge with M-16 Rifle Bar.

2.  The Board further determined that 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 awarding the Purple Heart to the applicant.




___  Margaret Patterson_______
          CHAIRPERSON




INDEX

CASE ID
AR20060009983
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070315
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0015.0000
2.
107.0014.0000
3.
107.0018.0000
4.
107.0034.0000 (2)
5.
107.0056.0000
6.
107.0094.0000
7.
107.0095.0000
8.
107.0073.0000 (Add bronze service stars)
9.
110.0400.0000