RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 December 2007
	DOCKET NUMBER:  AR20070007702 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Ms. Kathleen A. Newman

Chairperson

Ms. Rose M. Lys

Member

Mr. Edward E. Montgomery

Member

	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, correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show all of his awards.

2.  The applicant states, in effect, that his DD Form 214 does not show award of the Air Medal with Numeral 51, a second Purple Heart, Legion of Merit, Vietnam Service Medal, bronze service stars on his Korean Service Medal, marksmanship qualification badges, or any unit awards.   

3.  The applicant provides copies of his DD Form 214, and numerous award orders and personnel records.

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.  On 1 June 1951, the applicant, a graduate of the United States Military Academy, West Point, New York, entered the Regular Army as a commissioned officer.  He served through a series of assignments and was retired due to permanent physical disability on 14 October 1966.  He had attained the rank of lieutenant colonel, pay grade O5; and had completed 15 years, 4 months, and 
14 days of creditable active duty.

3.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Silver Star, Distinguished Flying Cross, Purple Heart, Bronze Star Medal, Commendation Ribbon with Medal Pendant [now known as the Army Commendation Medal], Korean Service Medal, National Defense Service Medal with Oak Leaf Cluster (sic) [should read "with bronze service star"], United 
Nations Service Medal, Combat Infantryman Badge, Ranger Tab, Master Parachutist Badge, Senior Parachutist Badge, Parachutist Badge, and the Army Aviator Badge. 

4.  The applicant's DD Form 214 does not show award of any Air Medals, a second Purple Heart, Legion of Merit, Vietnam Service Medal, bronze service stars on his Korean Service Medal, marksmanship qualification badges, or any Republic of Vietnam unit awards. 

5.  Records show that the applicant served with the 17th Infantry Regiment, 7th Infantry Division, in the Republic of Korea, during the period from on or about 
31 October 1952 to on or about 13 November 1953.  He performed a variety of duties including platoon leader, company commander, aide-de-camp, battalion operations, and an assistant personnel officer.  He was wounded as a result of enemy action on 17 April 1953 and was awarded the Purple Heart.  

6.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Korea, he participated in the following three campaign periods: Korean Summer-Fall 1952, Third Winter, and the Korean Summer-Fall 1953. This same regulation states that a bronze service star will be awarded for wear on the Korean Service Medal for participation in each campaign period.

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving during World War II and the Korean Conflict.  This publication shows that the 17th Infantry Regiment, 7th Infantry Division, during the time of the applicant's assignment, was cited for award of the Republic of Korea Presidential Unit Citation based upon Department of the Army General Orders Number 22, dated 1956.  

8.  Army Regulation 600-8-22 (Military Awards) states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and
27 July 1953.  The service prescribed must have been performed as follows:  

	(1)  while on permanent assignment;

	(2)  while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or 

	(3)  while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.

9.  In 1958, the applicant completed training as an Army Aviator.  During the period from 24 October 1958 to 30 June 1964, he completed a total of 1280 flying hours in single and multiple engine aircraft.  There is no evidence that any of these hours were performed in combat.  He was assigned for duty as the Battalion Executive Officer with the 11th Air Assault Division, Fort Benning, Georgia.

10.  On 17 August 1965, the applicant was assigned for duty as an operations officer with the 11th Aviation Group, 1st Cavalry Division, in the Republic of Vietnam.  

11.  The Vietnam Casualty Roster shows that the applicant was very seriously wounded in action on 10 October 1965.  There is no available evidence showing that he was awarded a Purple Heart for these wounds.

12.  Army Regulation 600-8-22 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 by military medical personnel, and the medical treatment must have been made a matter of official record.  An oak leaf cluster is issued to denote award of second and succeeding awards of the Purple Heart.

13.  The applicant’s individual Flight Record (DA Form 759), dated October 1965 shows that he had accumulated 55 hours of combat flight time in the Republic of Vietnam.  

14.  Army Regulation 600-8-22 (Military Awards) 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.

15.  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.  

16.  On 11 October 1965, the applicant was medically evacuated from the Republic of Vietnam and was subsequently retired due to physical disability.

17.  General Orders Number 1145, United States Army, Vietnam, dated 
22 October 1965, awarded the applicant the Legion of Merit for exceptionally meritorious conduct in the performance of outstanding services during the period from 3 April 1964 to 10 October 1965.

18.  General Orders Number 474, 1st Cavalry Division, dated 18 February 1966, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight during the entire period of service in the Republic of Vietnam from 24 August to 10 October 1965.

19.  Army Regulation 600-8-22 (Military Awards) 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.

20.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the Vietnam Defense Campaign period.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign period.   

21.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 11th Aviation Group, during the time of the applicant's assignment, was cited in Department of the Army 
General Orders (DAGO) Number 17, dated 1968, for award of the Meritorious Unit Commendation; and in DAGO Number 59, dated 1969, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  
22.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 
1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

23.  The applicant's available records do not contain any evidence of his marksmanship qualification. 

DISCUSSION AND CONCLUSIONS:

1.   Records show that the applicant participated in three campaigns during his service in the Republic of Korea.  Therefore, he is eligible for award of three bronze service stars to be affixed to his Korean Service Medal.

2.  Records show that the applicant's unit was cited in general orders for award of the Republic of Korea Presidential Unit citation.  Therefore, his records should be corrected to show this foreign unit award.   

3.  The applicant served during a qualifying period for award of the Republic of Korea War Service Medal.  Therefore, his records should be corrected to show this award.

4.  There are no general orders that show the applicant was awarded a second Purple Heart.  However, the applicant's name is listed on the Vietnam Casualty Roster.  He was medically evacuated from the Republic of Vietnam as a result of his wounds and was subsequently retired due to physical disability.  Therefore, the applicant's request for award of a second Purple Heart should be granted.

5.  General Orders show that the applicant was awarded the Legion of Merit.  Therefore, his records should be corrected to show this award.

6.  General Orders show that the applicant was awarded the Air Medal for his aerial flight performance while serving in the Republic of Vietnam.  However, the available evidence does not support the applicant's contention that he is authorized fifty-one awards of the Air Medal.  The order also covers his entire period of service in the Republic of Vietnam which argues against any additional awards of the Air Medal.  Therefore, his records should be corrected to show only one award of the Air Medal.

7.  Records show that the applicant participated in one campaign period during his service in the Republic of Vietnam.  Therefore, he is eligible for award of the Vietnam Service Medal with one bronze service star.

8.  Records show that the applicant's unit was cited in general orders for award of the Meritorious Unit Commendation.  Therefore, his records should be corrected to show this unit award.   

9.   Records show that the applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.   

10.  Records show that the applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his records should be corrected to show this foreign award.

11.  The available records do not show the applicant's marksmanship qualifications.  Therefore, his record can not be corrected to add any such qualifications.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_KAN ___  __RML__  __EEM__  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.  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 with Oak Leaf Cluster, for wounds received on 10 October 1965 in the Republic of Vietnam; and

b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include an Oak Leaf Cluster on his already-awarded Purple Heart, Air Medal, Legion of Merit, Meritorious Unit Commendation, three bronze service stars on his already-awarded Korean Service Medal, Vietnam Service Medal with one bronze service star, Republic of Korea Presidential Unit Citation, Republic of Korea War Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 additional awards of the Air Medal or any marksmanship qualification badges.




	_    Kathleen A. Newman___
          		CHAIRPERSON




INDEX

CASE ID
AR20070007702
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071206 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.