IN THE CASE OF:	  

		BOARD DATE:	  7 April 2009

		DOCKET NUMBER:  AR20080019041 


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

2.  The applicant states, in effect, that these awards were omitted from his DD Form 214.  He also states that the error was recently discovered when he applied for benefits administered by the Department of Veterans Affairs (VA).

3.  In support of his application, the applicant provides copies of a DD Form 1380 (U.S. Field Medical Card), dated 16 May 1972; a draft DA Form 3647 (Clinical Record Cover Sheet), dated 16 May 1972; a completed DA Form 3647, dated
16 May 1972; general orders awarding him the Purple Heart (1st award), dated 17 May 1972; an Air Medal certificate, dated 11 November 1972; an Army Commendation Medal certificate, dated 16 November 1972; and his DD Form 214 with an ending period of 16 November 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 records show that he enlisted in the Regular Army, in pay grade E-1, on 17 February 1971, for 2 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11F (Infantry Operations and Intelligence Specialist).  He served in Vietnam from 11 January 1972 to 14 November 1972 with Troops D and H, 7th Squadron, 17th Cavalry.  During his service in Vietnam he participated in the Consolidation II (1 December 1971 – 29 March 1972) and the Vietnam Cease-Fire (30 March 1972 – 28 January 1973) campaigns.  

3.  The applicant submits copies of his two DA Forms 3647 and a DD Form 1380. These forms state he sustained a laceration to the back of his head, as a result of enemy action, after being wounded in a rocket attack in Vietnam on 16 May 1972.

4.  The applicant also submits a copy of Headquarters, 67th Evacuation Hospital, General Orders Number 45, dated 17 May 1972.  These orders show he was awarded the Purple Heart (1st award) for wounds received in action in the Republic of Vietnam on 17 May 1972.  

5.  The applicant further submits copies of his certificate for the Air Medal that was awarded for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 27 June 1972 to 25 August 1972 and the Army Commendation Medal that was awarded for meritorious service in the Republic of Vietnam from 8 January 1972 to 15 November 1972.  

6.  There are no orders in the applicant's records awarding him the Air Medal and the Army Commendation Medal.  

7.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 41 (Awards and Decorations), does not show award of the Purple Heart, the Air Medal, or the Army Commendation Medal.  

8.  The applicant's DA Form 20 shows he received ratings of "excellent" in conduct and efficiency throughout his tenure of service.  There is also no evidence of record that shows the applicant was found disqualified for award of the Good Conduct Medal.
9.  The applicant was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 16 November 1972 by reason of early separation of an overseas returnee.  He was subsequently transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows award of the National Defense Service Medal, Vietnam Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, 1 Overseas Service Bar, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Grenade Bar, and the "15th Unnamed Campaign."  The applicant's DD Form 214 does not list the Purple Heart, the Air Medal, or the Army Commendation Medal.  

11.  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 the Air Medal or the Army Commendation Medal pertaining to the applicant.   

12.  Army Regulation 672-5-1 (Awards), 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.

13.  Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.

14.  Army Regulation 600-8-22 further 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.

15.  Army Regulation 600-8-22 also provides, in pertinent part, for award of the Army Commendation Medal to any member of the Army after 6 December 1941, who distinguished himself/herself by heroism, meritorious achievement, or meritorious service.  Award of the Army Commendation Medal may be made for acts of valor which were of lesser degree than required for award of the Bronze Star Medal.  These acts may involve aerial flights.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was wounded in action on 17 May 1972 while serving in Vietnam.  General orders were published awarding him the Purple Heart; however, at the time, these general orders were not included in his records.  When he was released from active duty, the Purple Heart was not added to his DD Form 214.  Therefore, he is entitled to correction of his records to show this award.

2.  The evidence of record also shows the applicant met the criteria for award of the Good Conduct Medal; however, there is no evidence he was awarded the Good Conduct Medal.  There is no evidence in the records which shows the applicant was disqualified for this award.  Therefore, the applicant is entitled to award of the Good Conduct Medal (first award) for the period from 17 February 1971 to 16 November 1972 and correction of his records to show this award.

3.  The evidence of record further shows the applicant participated in two campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to his Vietnam Service Medal. 

4.  General orders also entitled the applicant's unit to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was a member of the unit.  He is therefore entitled to have his records corrected to show this unit award.

5.  The applicant's contention that his records should also be corrected to show he was awarded the Air Medal and the Army Commendation Medal was carefully considered.  Although the applicant provides copies of the respective award certificates, the applicant's record is void of a recommendation for award of the Air Medal and the Army Commendation Medal; there are no general orders that show the applicant was awarded the Air Medal and the Army Commendation Medal.  Pertinent regulations show that formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Air Medal and the Army Commendation Medal.  Available service records give no indication that the applicant was awarded these awards; therefore, in the absence of further corroborating evidence, there is insufficient evidence to add the Air Medal and the Army Commendation Medal to the applicant's DD Form 214.  

6.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement.

7.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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.  deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal;


	b.  awarding the applicant the Good Conduct Medal (first award) for the period from 17 February 1971 to 16 November 1972;

   c.  adding to item 24 of the applicant's DD Form 214 the Purple Heart, Good Conduct Medal, Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and 

	d.  providing the applicant a correction to his separation document that includes these changes.

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 the addition of the Air Medal and the Army Commendation Medal to the applicant's DD Form 214.




      __________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)                                         AR20080019041



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ABCMR Record of Proceedings (cont)                                         AR20080019041



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