IN THE CASE OF:	  

		BOARD DATE:	        14 May 2009

		DOCKET NUMBER:  AR20090000288 


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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Silver Star, the Purple Heart, and the Air Medal.

2.  The applicant states, in effect, that he received these awards.

3.  The applicant provides orders for the Silver Star, two orders for the Purple Heart, a citation for the Air Medal, and a copy of his DD Form 214 in support of his 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 was inducted into the Army of the United States on 28 September 1966.  He arrived in Vietnam on 14 December 1967.  He was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He served in MOS 11B assigned to Company C, 2nd Battalion (Airborne), 501st Infantry in Vietnam from 16 December 1967 through 31 May 1968.  He was assigned to Headquarters and Headquarters Company, 2nd Battalion (Airborne), 502nd Infantry, in Vietnam from 1 June 1968 through 20 September 1968.  On 21 September 1968, he was released from active duty in the temporary rank of specialist four after completing 1 year, 11 months, and 24 days of creditable active service with no time lost.

3.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Parachutist Badge as authorized awards.

4.  Headquarters, 67th Evacuation Hospital, General Orders Number 97, dated 25 March 1968, show the applicant received the Purple Heart for wounds received in action on 23 March 1968 in Vietnam.

5.  Headquarters, 101st Airborne Division, General Orders Number 435, dated 19 April 1968, show the applicant received the Purple Heart for wounds received in action on 22 March 1968.

6.  Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows he sustained fragment wounds on 22 March 1968.  The Vietnam casualty roster shows the applicant was wounded on 22 March 1968.

7.  Headquarters, 101st Airborne Division, General Orders Number 10388, dated 30 November 1968, show the applicant received the Silver Star for gallantry in action on 12 March 1968.

8.  There are no orders for the Air Medal in the available records.

9.  A 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.

10.  In support of his claim for award of the Air Medal, the applicant provided a citation for the Air Medal.

11.  Records show the applicant participated in four campaigns during his assignment in Vietnam.

12.  There are no orders for the Combat Infantryman Badge in the available records.

13.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

14.  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 applicant's unit (2nd Battalion, 501st Infantry) at the time of his assignment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation (19 April 1968 to 15 August 1968) based on Department of the Army General Orders Number 21, dated 1969.  His unit (2nd Battalion, 502nd Infantry) is also eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (19 July 1968 to 14 May 1969) based on Department of the Army General Orders Number 48, dated 1971.

15.  Paragraph 6 (Miscellaneous Information) of Department of the Army Pamphlet 672-3 states that only one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn; however, records should show entitlement to all authorized awards of this foreign unit award.

16.  Department of the Army Pamphlet 672-3 also shows the applicant's unit 
(2nd Battalion, 501st Infantry) at the time of his assignment was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 48, dated 1971.

17.  U.S. Army Vietnam 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.

18.  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.

19.  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.

20.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

21.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in general orders.

22.  Army Regulation 600-8-22, in pertinent part, authorizes award of 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 service medal.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Silver Star.  Therefore, his DD Form 214 should be corrected to show this award.

2.  Although orders show the applicant received the Purple Heart for wounds received on 23 March 1968 in Vietnam, the preponderance of evidence in this case shows he was wounded in action on 22 March 1968.  The 19 April 1968 orders for the Purple Heart which show the applicant was wounded in action on 22 March 1968 are accepted as sufficient evidence on which to amend his DD Form 214 to show the Purple Heart.

3.  There are no orders for the Air Medal in the available records.  In the absence of orders, the citation provided by the applicant is not sufficient as a basis for award of the Air Medal.  Regrettably, there is insufficient evidence on which to amend his DD Form 214 to show the Air Medal.

4.  Evidence of record shows the applicant held an infantry MOS and served in an infantry MOS while assigned to an infantry company in Vietnam.  He was also awarded the Silver Star for gallantry in action while engaged in military operations involving conflict with an armed hostile force in Vietnam.  In addition, he was wounded in action.  Therefore, there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.

5.  The applicant was separated in the temporary rank of specialist four with almost 24 months of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 28 September 1966 through 21 September 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his records should be corrected to show this award.

6.  The applicant participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars.

7.  The applicant's units (2nd Battalion, 501st Infantry, and 2nd Battalion, 502nd Infantry) were each cited for an award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is eligible to wear one of those awards.  However, his DD Form 214 should be amended to show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8.  The applicant's unit (2nd Battalion, 501st Infantry) was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit award.

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 Combat Infantryman Badge; 

	b.  awarding him the first award of the Army Good Conduct Medal for the period 28 September 1966 through 21 September 1968; and

	c.  adding the Combat Infantryman Badge, the Army Good Conduct Medal, the Silver Star, the Purple Heart, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.

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 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)                                         AR20090000288





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ABCMR Record of Proceedings (cont)                                         AR20090000288



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