RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 April 2008
	DOCKET NUMBER:  AR20080002510 


	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.




Director



Analyst
      The following members, a quorum, were present:


M

Chairperson

M

Member

M

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 award of the Purple Heart and the Air Medal.

2.  The applicant states that he was wounded in his right leg during an assault on enemy positions in the Republic of Vietnam and was evacuated to a field hospital.  He further states that his injury should qualify him for award of the Purple Heart.  He also states that he should receive a Vietnam Air Medal.

3.  The applicant did not provide any additional documentary evidence in support of his application.  

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.  The applicant's record shows that he enlisted in the Regular Army for a period of 3 years on 28 September 1964.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11D (Armor Intelligence Specialist).  He was honorably discharged on 27 September 1965 and executed a reenlistment in the Regular Army for a period of 3 years on 28 September 1965.  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 25 October 1968.  The highest rank/grade he attained during his military service was specialist four (SP4)/E-4.

3.  The applicant’s record shows he served in the Republic of Vietnam during the period 27 July 1966 to 21 July 1967.  He was assigned to Troop D, 1st Squadron, 9th Cavalry, 1st Cavalry Division. 


4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 25 October 1968, shows he was awarded the Vietnam Service Medal with one bronze service star; the National Defense Service Medal; and the Republic of Vietnam Campaign Medal, with Device (1960).  Item 24 does not show award of the Purple Heart or the Air Medal.

5.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows the applicant was a patient at the 7th Field Hospital in the Republic of Vietnam during the period 21 September 1966 to 7 November 1966.  However, there is no indication if this was due to illness, injury, or disease.

6.  Item 40 (Wounds) of the applicant’s DA Form 20 shows a blank entry.  The applicant's name is not shown on the Vietnam Casualty Roster. 

7.  The applicant's medical records are not available for review with this case.

8.  There are no general orders in the applicant's records that show he was awarded the Purple Heart or the Air Medal.

9.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Purple Heart or Air Medal orders on file for the applicant.

10.  Army Regulation 600-8-22 (Military Awards) 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 by medical personnel, and the medical treatment must have been made a matter of official record.  This regulation further states that there is no time limit on submission of requests for award of the Purple Heart.

11.  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.

12.  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.  

13.  Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

14.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

15.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.

16.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a 


period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 1st Squadron, 9th Cavalry, was awarded the Presidential Unit Citation during the period 2 October 1966 to 24 October 1966, based on Department of the Army General Orders Number 5, dated 1969 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Orders Number 8, dated 1974. 

18.  Item 24 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

19.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phases II and III campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

20.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one Overseas Service Bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart and the Air Medal. 

2.  There are no general orders that show the applicant was awarded the Purple Heart; there is no evidence in his service personnel records that shows that he was wounded or injured as a result of hostile action or treated for such wounds; and the applicant's name is not listed on the Vietnam Casualty Roster.  In the 
absence of documentation that shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.

3.  With respect to the applicant's request for award of the Air Medal, there are no general orders that show the applicant was awarded the Air Medal.  Furthermore, in the absence of flight records or other independent evidence that would confirm he completed the number of missions necessary to be awarded the Air Medal, there is insufficient evidence upon which to base award of the Air Medal in this case.  

4.  While the available evidence is insufficient for awarding the applicant the Air Medal, this in no way affects the applicant’s right to pursue his claim for the Air Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

5.  General Orders show the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Presidential Unit Citation which are not shown on his records.  Therefore, he is entitled to correction of his records to show these unit awards.

6.  Evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, record shows the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to his Vietnam Service Medal.

7.  Evidence of record confirms that the applicant served honorably during the period 28 September 1964 to 27 September 1967.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant his first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his record to show this award.

8.  Evidence of record shows that the applicant served a qualifying period in the Republic of Vietnam for award of two Overseas Service Bars.  Therefore, he is entitled to correction of his record to show these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x____  __x___  __x___  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 the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 28 September 1964 to 27 September 1967; and

	b.  showing award of the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Presidential Unit Citation, two Overseas Service Bars, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

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 award of the Purple Heart or the Air Medal.



							JS
      ______________________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20080002510



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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