IN THE CASE OF:	

	BOARD DATE:	  
	DOCKET NUMBER:  AR20080006145 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 29 January 1971, be corrected to show:  the Purple Heart; the Air Medal; the National Defense Service Medal; the Vietnam Star of Merit; the Vietnam Service Medal, 3 times (sic with three bronze service stars); Jump Wings [correctly known as the Parachutist Badge]; the Flight Wings [correctly known as the Aircraft Crewman Badge]; the Rifle Infantryman Badge – Combat [correctly known as the Combat Infantryman Badge]; and Expert Marksmanship Qualification Badge, with Rifle, Pistol, Missile, and Mortar Bars.  

2.  The applicant states, in effect, that the above listed awards are missing from his DD Form 214, dated 29 January 1971. 

3.  The applicant provides a copy of his DD Form 214, dated 31 January 1968 and 29 January 1971, and several copies of photographs he alleges to be of himself in support of his request. 

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 he enlisted in the Regular Army on 12 October 1966.  He was trained as an Infantry Indirect Fire Crewman, in military occupational specialty (MOS) 11C.  He was promoted to SGT/E-5 effective 26 January 1968.  While serving in Vietnam, he was honorably discharged on 31 January 1968, for the purpose of immediate reenlistment.

3.  The applicant’s DD Form 214, dated 31 January 1968, shows he was awarded the National Defense Service Medal; the Parachutist Badge; and the Vietnam Service Medal.  His DD Form 214 does not show any additional awards.

4.  The applicant reenlisted on 1 February 1968.  He served in Vietnam from 3 December 1967 to 9 July 1969, which equated to 1 year, 7 months, and 7 days.  He was honorably released from active duty on 29 January 1971.   

5.  The applicant’s DD Form 214, dated 29 January 1971, shows he was awarded three Overseas Service Bars; the Vietnam Service Medal; and the Aircraft Crewman Badge.  His DD Form 214 does not show any additional awards.

6.  There are no orders in the applicant's available personnel records which show that he was awarded the Purple Heart. 

7.  The applicant's name does not appear on the Vietnam Casualty Roster for a wound received as a result of hostile action. 

8.  The ADCARS (Awards and Decorations Computer Assisted Retrieval System) failed to show that orders were published awarding the applicant the Purple Heart.

9.  The applicant's DA Form 20 (Enlisted Qualification Record) does not show an entry in item 40 (Wounds), and the Purple Heart, the Combat Infantryman Badge, and the Air Medal are also not shown as authorized awards in item 41 (Awards and Decorations).   Item 41 is posted to show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-14), by Headquarters, United States Army Training Center, Infantry, Special Orders Number 279, dated 25 November 1966.  This award is not shown on his DD Form 214, dated 31 January 1968.

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

11.  The applicant's DA Form 20 shows he served as a FO (forward observer), in MOS 11B1O, with Company A, 2nd Battalion, (Airborne), 506th Infantry Regiment, and as a squad leader with the 334th Armed Helicopter Company, in Vietnam.  

12.  The applicant provided copies of photographs alleged to be of himself, which were taken while attending Airborne training, Special Forces, and while he was assigned to the 334th Armed Helicopter Company.

13.  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 medical personnel, and the medical treatment must have been made a matter of official record.  

14.  Army Regulation 600-8-22 provides, in pertinent part, that the CIB is awarded to infantry officers, and to enlisted and warrant officer personnel who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the U.S. Army Human Resources Command (formerly known as the Total Army Personnel Command) has advised, in similar cases, that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

15.  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.



16.  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.

17.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the four bronze service stars to which he is entitled for his campaign participation.  Army Regulation 600-8-22 provides that a
bronze service star is authorized to be affixed to the Vietnam Service Medal for his participation in each campaign. 

18.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal.  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 Republic of Vietnam Campaign Medal.

19.  Army Regulation 600-8-22 governs the Army Awards Program.  The Vietnam Star of Merit is not listed as an authorized award in this regulation.  Therefore, the Vietnam Star of Merit will not be discussed further in this record of proceedings.

20.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by Department of the Army General Orders (DAGO) Number 24, dated 1972, while he was assigned to the unit.  This unit award is not shown on the applicant's DD Form 214. 

21.  Army Regulation 635-5 prescribes policies and procedures regarding separation documents.  This regulation currently prescribes that all awards and decorations earned by a Soldier, for all periods of service, will be listed in the appropriate item, of the DD Form 214; however, at the time of the applicant's discharge and release from active duty, only those awards and decorations earned during the period covered by the DD Form 214 would be listed.

22.  The applicant requests award of the Air Medal.  However, there are no orders or other evidence on file in his/her Official Military Personnel File (OMPF) that confirms award of this personal decoration.  In the absence of authority for this award, he/she may request award of the Air Medal under the provisions of Section 1130 of Title 10 of the United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for this award under Section 1130 of Title 10 of the United States Code.  As a result, the request for award of Air Medal will not be discussed further in this Record of Proceedings.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as 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.

2.  There are no orders, and the applicant provided none, awarding him the Purple Heart; he is not listed on the Vietnam Casualty List; and there are no medical records available to show that he was treated for a wound as a result of hostile action.

3.  The National Defense Service Medal is already shown on the applicant's DD Form 214, dated 31 January 1968.  He is not entitled to have this award shown on his DD Form 214, dated 29 January 1971, due to regulatory restrictions in force at the time of his release from active duty.

4.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in four campaigns; therefore, he is entitled to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  The evidence shows that the applicant completed 1 year, 7 months and 7 days of qualifying service in Vietnam for award of the Republic of Vietnam Campaign Medal, with "1960" Device.  Therefore, he is entitled to correction of his records to show this award on his DD Form 214 dated 29 January 1971.
6. The evidence of record shows that the applicant was awarded the Parachutist Badge during his first period of service.  This badge is already shown on his DD Form 214, dated 31 January 1968.  He is not entitled to have this award shown on his DD Form 214, dated 29 January 1971, due to regulatory restrictions in force at the time of his release from active duty.

7.  The applicant's Aircraft Crewman Badge was awarded to him during his second enlistment.  It is currently shown on his DD Form 214, dated 29 January 1971.  No further action is required in-so-far as the applicant's request to add this badge to his DD Form 214.

8.  The evidence shows that the applicant held an infantry MOS and was assigned duties as a forward observer, in MOS 11B, in an infantry unit, and as a squad leader in MOS 11B, in a helicopter company; however, there is no evidence, and the applicant provided none to show he was awarded the Combat Infantryman Badge.  There is also no evidence he served in active ground combat while assigned to an infantry unit while he served in Vietnam.  He is therefore not eligible for award of the Combat Infantryman Badge and to have it added to his DD Form 214 at this time.  If the applicant can provide a copy of his Combat Infantryman Badge orders or other substantiating evidence to show he was awarded the Combat Infantryman Badge or that he qualified for award of this badge, he may reapply to this Board for reconsideration for addition of this badge to his DD Form 214.

9.  The evidence of record shows the applicant was awarded the Sharpshooter Marksmanship Qualification Badge which was omitted from his DD Form 214, dated 31 January 1968.  He is therefore entitled to correction of his DD Form 214 to show the already-awarded Sharpshooter Marksmanship Qualification Badge.  
A review of his records failed to show that he qualified or was awarded any additional marksmanship badges.

10.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, at the time he was a member of the unit.  He is therefore entitled to correction of his records to show this unit award.

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:

	a.  by adding the already-awarded Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-14), to his DD Form 214, dated 31 January 1968; 

	b.  by showing he was awarded the Vietnam Service Medal, with four bronze service stars; the Republic of Vietnam Campaign Medal, with "1960" Device; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and adding these awards to his DD Form 214, dated 29 January 1971.

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 and the Combat Infantryman Badge, and any additional marksmanship badges, to the applicant and their addition to his DD Form 214, dated 29 January 1971.  




       _    __x_____   ___
       CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20080006145



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ABCMR Record of Proceedings (cont)                                         AR20080006145



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