IN THE CASE OF:	   

		BOARD DATE:	        13 November 2008

		DOCKET NUMBER:  AR20080013400 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and the Air Medal. 

2.  The applicant states, in effect, that the awards are not on his DD Form 214 but he is in possession of the awards, medals, and citations.

3.  The applicant provides a copy of his DD Form 214, a copy of a Purple Heart Certificate, a DD Form 1725 (Certificate of Appreciation), a United States Army Certificate of Appreciation for his active service, a Bronze Star Medal Certificate, and the front page of a Department of Veterans Affairs Rating Decision in support of this 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 enlisted in the Army on 25 June 1969.  He successfully completed basic combat and advance individual training (AIT).  Upon completion of AIT, he was awarded military occupational specialty 71B (Clerk Typist).

3.  Records show the applicant arrived in the Republic of Vietnam on 1 March 1970 and was assigned to Company A, 75th Support Battalion, 1st Brigade, 5th Infantry Division.  He departed the Republic of Vietnam on 17 January 1971.

4.  The applicant's DD Form 214 does not show the Purple Heart or the Air Medal as authorized awards.

5.  Block 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.

6.  Block 41 (Awards and Decorations) of his DA Form 20 does not show the Purple Heart or the Air Medal as authorized awards.

7.  There are no orders in the applicant's available records awarding the Purple Heart and the applicant's name is not listed on the Republic of Vietnam Casualty Roster.

8.  There are no orders in the applicant's available records awarding him the Air Medal.

9.  The applicant provides a photocopy of a Purple Heart Certificate.

10.  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 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.

11.  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.

12.  Combat missions were divided into three categories.  A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force, or delivery of friendly troops or supplies into the immediate combat operations area.  A category II mission was characterized by support rendered a friendly force immediately before, during or immediately following a combat operation.  A category III mission was characterized by support of friendly forces not connected with an immediate combat operation but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire, or under hazardous weather or terrain conditions.

13.  To be recommended for award of the Air Medal, an individual must have completed a minimum of 25 category I missions, 50 category II missions or     100 category III missions.  Since various types of missions would have been completed in accumulating flight time toward award of an Air Medal for sustained operations, different computations would have had to be made to combine category I, II and III flight time and adjust it to a common denominator.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to show award of the Purple Heart and award of the Air Medal has been carefully considered and found to be without merit.

2.  There is no evidence in the available records which show the applicant was wounded or injured as a result of hostile action in the Republic of Vietnam.  Without corroborating evidence such as orders or other evidence of record showing that the applicant was injured or treated for any wounds as a result of hostile action in the Republic of Vietnam, the Purple Heart Certificate provided by the applicant is not sufficient as a basis for an award of the Purple Heart.

3.  There are no orders for the Air Medal in the available records.  In the absence of orders or other evidence of record showing that the applicant received the Air Medal, the documents provided by the applicant are not sufficient as a basis for award of the Air Medal.  Therefore, there is insufficient evidence on which to base award of the Air Medal in this case.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      __________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)                                         AR20080013400



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ABCMR Record of Proceedings (cont)                                         AR20080013400



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