IN THE CASE OF:	  

		BOARD DATE:	        15 JANUARY 2009

		DOCKET NUMBER:  AR20080016997 


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 award of the Purple Heart (Third Award) and the Air Medal (First Oak Leaf Cluster).

2.  The applicant states that he is entitled to the award of the Purple Heart (Third Award) because they were never "given to me in medical records."

3.  The applicant provides in support of his application a copy of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) for the period ending 16 February 1973 and a copy of his DD Form 214 for the period ending 1 February 1970.

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 18 October 1967, the applicant enlisted in the Regular Army (RA) in Dallas, Texas, for 3 years in the pay grade of E-1.  He successfully completed his training as a light weapons infantryman.  He was transferred to Vietnam on 24 March 1969.

3.  In a Western Union Telefax dated 17 April 1969, the applicant's family was notified that he had been slightly wounded in action n Vietnam on 16 April 1969 by a fragment while he was on a combat operation and a hostile force was encountered.  The telefax shows that he received a wound to his left ankle and that he was treated and hospitalized in Vietnam.

4.  On 6 May 1969, General Orders Number 11 were published awarding the applicant the Purple Heart for wounds received in connection with military operations against a hostile force.  The orders show that he was assigned to C Troop, 2nd Squadron, 17th Cavalry, 101st Airborne Division (Airmobile), serving in the rank of specialist (E-4) on 16 April 1969 when he was wounded.

5.  While assigned to Vietnam, on 1 February 1970, after completing 2 years,
3 months and 22 days of net service this period, the applicant was honorably discharged under the provisions of Army Regulation 635-200, chapter 5, for the purpose of immediate reenlistment.  The DD Form 214 that he was issued shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Army Commendation Medal, and the Combat Infantryman Badge.  However, the Purple Heart was not included on his DD Form 214.

6.  On 2 February 1970, the applicant reenlisted in the RA for 6 years.  He returned to the Continental United States from Vietnam on 17 March 1970 and he was assigned to C Company, 2nd Battalion, 41st Infantry Regiment, 2nd Armored Division, Fort Hood, Texas, on 1 May 1970.

7.  The applicant was transferred to Germany on 3 January 1972.  The applicant returned to the Continental United States on 14 February 1973.  

8.  On 16 February 1973, the applicant was discharged under honorable conditions, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.  He had completed 5 years, 3 months and 29 days of total active service.

9.  The DD Form 214 that he was furnished at the time of his discharge shows that he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, the Vietnam Service Medal, the Bronze Star Medal, two Overseas Service Bars, the Expert Marksmanship Qualification Badge (Rifle M-16 and 45 Caliber Pistol), and the Marksman Marksmanship Qualification Badge (Rifle M-14).  However, the Purple Heart and the Army Commendation Medal were not included on his DD Form 214 covering this period of service.

10.  A review of the Vietnam Casualty Reference Name Listing shows the applicant was wounded in action once while he was in Vietnam on 16 April 1969.

11.  The available records do not show that orders were published awarding the applicant additional awards of the Purple Heart (Third Award) or the Air Medal (First Oak Leaf Cluster).

12.  During the processing of this case, a member of the Board’s 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 Air Medal orders or additional Purple Heart orders on file for the applicant.

13.  United States 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.  

14.  The applicant participated in the following three campaigns: the Tet 69 Counteroffensive Campaign, which extended from 23 February 1969 through
8 June 1969; the Vietnam Summer-Fall 1969 Campaign, which extended from 9 June 1969 through 31 October 1969; and the Vietnam Winter-Spring 1970 Campaign, which extended from 1 November 1969 through 30 April 1970.  The applicant's DD Form 214 shows he received the Vietnam Service Medal; however, it does not show the three bronze service stars to which he is entitled for his campaign participation.  It would be appropriate to award the applicant three bronze service stars to denote his campaign participation and to be affixed to his already-awarded Vietnam Service Medal at this time.

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 the unit, to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 August 1968 to 14 May 1969 in Department of the Army General Order (DAGO) Number 43, dated 1970; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1970 to 2 May 1970 in DAGO Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to the award of the Purple Heart (Third Award) and the Air Medal (First Oak Leaf Cluster).

2.  There is no evidence in the available records, which includes ADCARS, and the applicant has not submitted any evidence to show that he met the criteria for award of the Air Medal (Basic Award) or the Air Medal (First Oak Leaf Cluster).  Therefore, it appears this award was appropriately omitted from his DD Form 214.

3.  Further review of the applicant's records does not show that orders were ever published awarding the applicant the Purple Heart (Second or Third Award).  The Vietnam Casualty Reference Name Listing shows his name only once and that he was wounded in action on the same date reflected in General Orders Number 11.  Therefore, it does not appear that the applicant is entitled to the Purple Heart (Second or Third Award).

4.  However, his records do show that on 6 May 1969, General Orders Number 11 were published awarding him the Purple Heart for wounds received in connection with military operations against a hostile force on 16 April 1969 and this award should be included on his DD Form 214.  He was also awarded the Army Commendation Medal and this award should have been included on his DD Form 214 for the period ending 16 February 1973.

5.  The applicant's records show that the unit to which he was assigned was cited in orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  As such, the applicant is entitled to have these awards included on his DD Form 214.

6.  He also participated in three campaigns while he was in Vietnam and he is entitled to have three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

7.  In view of the foregoing, it would now be in the interest of justice to correct the applicant's records as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___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 adding the following awards to his DD Form 214 issued on 16 February 1973:  the Purple Heart, the Army Commendation Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the 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.

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 awarding him the Purple Heart (Third Award) and the Air Medal (First Oak Leaf Cluster).  




      _______ _ XXX  _______   ___
               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)                                         AR20080016997



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ABCMR Record of Proceedings (cont)                                         AR20080016997



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