IN THE CASE OF:	  

		BOARD DATE:	       12 February 2009

		DOCKET NUMBER:  AR20080017252 


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 DD Form 214 (Armed Forces of the United States  Report of Transfer or Discharge) be corrected to show award of the Air Medal with 26 Oak Leaf Clusters, Purple Heart, Army Commendation Medal and the Republic of Vietnam (RVN) Gallantry Cross with Bronze Star.

2.  The applicant states that he should have received the above mentioned awards while he was on active duty.   

3.  The applicant provides copies of an 8 July 1968 letter nominating him as Crew Member of the Year, orders for the Air Medal with 26 Oak Leaf Clusters and authorization to accept the Republic of Vietnam (RVN) Gallantry Cross with Bronze Star.  

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 was inducted on 10 April 1967, completed training as a helicopter repairman and, in November 1967, he reported for duty with 
C Company, 227th Aviation Battalion, (Airmobile) Cavalry Division in Vietnam.

3.  On 14 June 1968, the applicant was awarded the Air Medal with "V" Device for heroism in action on 4 February 1968.

4.  1st Cavalry Division (Airmobile) General Orders 5828, dated 23 June 1968 awarded the applicant another Air Medal with "V" Device.  This time, for heroism on 19 April 1968.  

5.  On 3 September 1969, 1st Cavalry Division (Airmobile) General Orders 11705 awarded the applicant the Bronze Star Medal for meritorious service for the period November 1967 through November 1968.

6.  1st Cavalry Division (Airmobile) General Orders 14102, dated 20 November 1968 awarded the applicant the Air Medal with 1st through 26th Oak Leaf Clusters.  [U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided that 25 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.]  

7.  The applicant returned to the United States on 3 November 1968 and was separated from active duty as a sergeant, pay grade E-5.  His DD Form 214 lists his awards as three Air Medals, National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal [with "1960-" Device], Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16).

8.  The applicant's DA Form 20 (Enlisted Qualification Record) list his awards in item 41 as the Air Medal, two Air Medals for Heroism, National Defense Service, Vietnam Service Medal, Republic of Vietnam Campaign Medal with "1960-" Device and the Expert Marksmanship Qualification Badge with (M-16) Rifle Bar.  Item 40 (Wounds) is blank.  Item 38 (Record of Assignments) shows that the applicant's conduct and efficiency ratings were exclusively excellent.

9.  There are no medical records contained in the available records.

10.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command failed to reveal any orders for award of the Purple Heart or the Army Commendation Medal to the applicant.

11.  The document's submitted by the applicant in support of his request include copies of:

	a.  Authorization from Headquarters United States Army Vietnam [undated] to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star.

	b.  An 8 July 1968 letter from the Commander,  Company B to the battalion commander nominating the applicant for Crew Member of the Year honors.  The company commander noted that the applicant had, "been awarded the Basic Air Medal with 19 Oak Leaf Clusters, the AM "V" for valor with 1 Oak Leaf Cluster.  He will also receive the Vietnamese Cross of Gallantry with the Bronze Star Device, the Army Commendation Medal and the Purple Heart which are being processed."  The next paragraph reports that the applicant sustained minor wounds from enemy fire while flying during Operation Delaware, but makes no mention of any medical treatment.

12.  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.

13.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

14.  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.


15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Qualifying Campaign Periods for service stars 
include the Vietnamese Counteroffensive Phase III 1 June 1967  2–9 January 1968, Tet Counteroffensive - 30 January l April 1968, Counteroffensive Phase IV 2 April – 30 June 1968, Counteroffensive Phase V 1 July–  l November 1968, Counteroffensive Phase VI  2 November 1968 – 22 February 1969

16.  227th Aviation Battalion was authorized the RVN Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by Department of the Army General Order 59 of 1969.

17.  Army Regulation 672-5-1, 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.

18.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided for award of Aircraft Crewman Badge in Appendix X.  It authorized permanent award of the Aircraft Crewman Badge to an individual whose principal duty involved flying and who had been wounded by enemy action, injured in an flying accident that was not their fault or who had completed 15 combat missions. 

19.  MILPER MESSAGE NUMBER 00-138 (date/time group 101221Z April 2000) changed the name of the Aircraft Crew Member Badge to the Aviation Badge and changed the criteria for award of the Basic, Senior and Master Aviation Badges.  This message, in pertinent part, authorizes permanent award of the Basic Aviation Badge to an individual who has participated in at least 15 combat missions under probable exposure to enemy fire while performing in-flight duties. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that the Air Medal with 26 Oak Leaf Clusters, the Purple Heart, the Army Commendation Medal and the Republic of Vietnam Gallantry Cross with Bronze Star be added to his DD Form 214.
2.  The company commander's 8 July 1968 letter states the applicant had sustained minor wounds and that the Purple Heart and Army Commendation Medal were being processed.  Unfortunately, there is no available evidence that 
these awards were actually approved.  Also. there is no available record showing the applicant was treated for a wound sustained as the result of enemy action.  

3.  His request to show the Purple Heart and the Army Commendation Medal on his DD Form 214 should be denied due to insufficient evidence.

4.  The applicant was awarded the Bronze Star Medal for meritorious service by 1st Cavalry Division (Airmobile) General orders11705, dated 3 September 1969.

5.  The applicant was awarded the Air Medal with "V" Device and 26 Oak Leaf Clusters.  This is currently displayed as the Air Medal with "V" Device and Numeral 27.

6.  He was authorized to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star.

7.  The applicant's unit was authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8.  The applicant served in Vietnam during four designated periods and is authorized to wear four bronze service stars on the Vietnam Campaign Medal.

9.  The applicant distinguished himself during a qualifying period of active military service as evidenced by his exclusively excellent conduct and efficiency ratings and his promotion to pay grade E-5.  No derogatory information was noted in the record.  He should be awarded the Good Conduct Medal.

10.  The applicant flew an estimated 625 combat missions.  He surpassed the minimum requirements for award of the Aircraft Crew Member Badge [now called the Basic Aviation Badge.  He should be awarded this badge. 

11.  The above awards should be shown on his DD Form 214.








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 him the Good Conduct Medal and the Basic Aviation Badge;

   b.  deleting the entry currently shown in block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214; and 

	c.  showing in Block 24 of his DD Form 214 that his authorized awards consist of the Bronze Star Medal, Air Medal with "V" Device and Numeral 27, National Defense Service Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Bronze Star, Republic of Vietnam Campaign Medal with "1960-" Device,  Republic of Vietnam Gallantry Cross with Palm Unit Citation, Basic Aviation Badge, and the Expert Marksmanship Qualification Badge with (M-14 and M-16) Rifle Bar. 

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 including the Purple Heart and the Army Commendation Medal in the list of authorized awards.  



      _______ _   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)                                         AR20080017252





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ABCMR Record of Proceedings (cont)                                         AR20080017252



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