IN THE CASE OF:	  

		BOARD DATE:	  5 August 2008

		DOCKET NUMBER:  AR20080007095 


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 that his records be corrected to add all awards/
decorations issued during his period of active service.

2.  The applicant states that he received numerous awards of the Air Medal, and he received a Bronze Star Medal and a Purple Heart, which are not listed on his separation document (DD Form 214).  He wishes to have his DD Form 214 updated to reflect all decorations he was awarded.

3.  The applicant provides two DD Forms 214 for the periods ending 3 March  
1972 and 27 June 1971; Department of the Army, Headquarters, 1st Aviation Brigade General Orders Number 57, dated 8 January 1972 with Certificate of Award; Headquarters, 1st Aviation Brigade General Orders Number 7516, dated 16 December 1971 with Certificate of Award; Certificate of Award for the Air Medal, dated 13 October 1971; and a Certificate of Award for the Bronze Star Medal with Citation, dated 6 April 1972.

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 military personnel record shows he enlisted in the Regular Army as a Warrant Officer Candidate (WOC) Trainee, on 10 July 1970.  He completed the necessary training and was honorably discharged from active duty on 27 June 1971 to accept an appointment as a warrant officer in the U.S. Army Reserve.  He completed 11 months and 18 days of Net Service This Period.  He was then ordered to active duty on 28 June 1971.

3.  His DD Form 214 that he submitted shows he served in the Republic of Vietnam during the period from 31 July 1971 to 25 February 1972.  Headquarters, 1st Aviation Brigade General Orders Number 57, dated 8 January 1972 that awarded the applicant the Air Medal with "V" Device shows, at the time, he was assigned to the 135th Assault Helicopter Company in the Republic of Vietnam.

4.  He was honorably released from active duty and transferred to U.S. Army Reserve Control Group (Annual Training), St. Louis, Missouri on 3 March 1972.  He completed 1 year, 7 months, and 4 days of Total Active Service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 for the period ending 3 March 1972, shows the awards of the National Defense Service Medal, Army Aviation Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and one Overseas Service Bar.  However, it does not show the awards of the Air Medal, Bronze Star Medal, and Purple Heart.

6.  General Orders Number 57, dated 8 January 1972 show that the applicant was awarded the Air Medal with "V" Device for heroism while engaged in aerial flight in connection with military operations against a hostile force in the Republic of Vietnam, on 30 September 1971.

7.  Headquarters, 1st Aviation Brigade General Orders Number 7516, dated
16 December 1971 show that the applicant was awarded the Air Medal Second Award with "V" Device for heroism while engaged in aerial flight in connection with military operations against a hostile force in the Republic of Vietnam, on
2 October 1971.


8.  He provided a Certificate of Award for the Air Medal, dated 13 October  
1971.  However, the applicant did not provide a copy of the respective orders awarding him the Air Medal.  His military records also do not contain a copy of this Air Medal awards order.

9.  He also provided a copy of a Certificate of Award for the Bronze Star Medal with Citation.  However, the applicant did not provide a copy of the respective orders awarding him the Bronze Star Medal.  His military records also do not contain a copy of the Bronze Star Medal awards order.

10.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records), in pertinent part, states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration.  Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration.

11.  A review of the Republic of Vietnam Casualty Roster does not show the applicant's name listed among those injured or wounded.

12.  There are no medical records in the applicant's military personnel record, which shows that he was wounded in combat as a result of hostile action and was treated for his injury by medical personnel.

13.  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 injury was the result of hostile action, the injury must have required treatment by military medical personnel, and the medical treatment must have been made a matter of official record.

14.  A review of the applicant's records indicates entitlement to additional awards that are not shown in item 24 of his DD Form 214 for the period ending 
3 March 1972.

15.  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 the 135th Aviation Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 54, dated 1974 and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation based on Department of the Army General Order Number 32, dated 1973.

16.  The applicant's records show that he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.

17.  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 Consolidation I (1 July 1971 to 30 November 1971), Consolidation II  
(1 December 1971 to 29 March 1972), and the Vietnam Cease-Fire (30 March  
1972 to 28 January 1973).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

18.  Army Regulation 600-8-22 (Military Awards) provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

19.  Section 1130, Title 10, United States Code provides that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request.  A request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rests with the requester.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to add all awards/
decorations issued during his period of active service. 

2.  General Orders show that the applicant was awarded two Air Medals with "V" Device for heroic actions on 30 September 1971 and 2 October 1971.  Therefore, he is entitled to correction of his records to show the Air Medal with Numeral "2" and with "V" Device for his DD Form 214 ending 3 March 1972.




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

4.  There is no evidence in his available records which show he was wounded in combat as a result of hostile action and was treated for his injury by medical personnel.  Also, his name does not appear on the Republic of Vietnam Casualty Roster.  Therefore, he is not entitled to correction of his records to show the Purple Heart.  

5.  Evidence shows that, while the applicant was assigned to the 135th Aviation Company, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  Therefore, the applicant is entitled to correction of his records to show these foreign unit awards for his DD Form 214 ending 3 March 1972.

6.  Evidence shows the applicant was credited with participating in three campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to correction of his records to show three bronze service stars to be affixed to the Vietnam Service Medal for his DD Form 214 ending 3 March 1972.

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 showing the awards of the Air Medal with Numeral "2" and with "V" Device; Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam 


Civil Actions Honor Medal, First Class Unit Citation; and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal for his DD Form 214 ending 3 March 1972.

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 Bronze Star Medal, Purple Heart, and an additional Air Medal.



      _________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)                                         AR20080007095



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ABCMR Record of Proceedings (cont)                                         AR20080007095



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