IN THE CASE OF:	  	

		BOARD DATE:	  	     27 May 2009

		DOCKET NUMBER:  AR20090001335 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Expert Marksmanship Qualification Badge with Rifle Bar, the Air Medal with 42 Oak Leaf Clusters, the Air Medal with “V” Device, the Purple Heart, and the Good Conduct Medal.

2.  The applicant states these awards were left off of his DD Form 214 when he was separated.

3.  The applicant provides a 2-page explanation of errors on his DD Form 214 and a copy of his DD Form 214.

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 Regular Army for 3 years on 9 October 1967.  He was trained in and awarded military occupational specialty (MOS) 67N (UH-1 Helicopter Repairman).  Following completion of all required military training, he was transferred to Vietnam and assigned to the 334th Armed Helicopter Company, 145th Combat Aviation Battalion.

3.  The applicant’s records contain a DA Form 20 (Enlisted Qualification Record) which shows he served in Vietnam from 27 April 1968 through 26 April 1969 as a crew chief aboard a UH-1 helicopter.  It shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device 1960, permanent award of the Aircraft Crewman Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16).  It also shows he received uniformly "excellent" conduct and efficiency rating during his active service and no record of convictions by courts-martial.

4.  The applicant’s records contain the following orders:

   a.  Special Orders Number 269, Headquarters, US Army Training Center-Infantry, Fort Benning, GA, dated 14 November 1967, awarding the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14);

   b.  Special Orders Number 87, Headquarters, US Army Aviation School, Fort Rucker, AL, dated 2 April 1968, awarding the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-16); and

   c.  Special Orders Number 278, Headquarters, 145th Combat Aviation Battalion, Vietnam, dated 20 October 1968, awarding the applicant the Aircraft Crewman Badge.

5.  During the processing of this case, a member of the Board 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 sought information on award of the Purple Heart and multiple awards of the Air Medal.  The review located General Orders Number 6025, Headquarters, 1st Aviation Brigade, Vietnam, dated 19 November 1969, awarding the applicant the Air Medal (2nd through 29th Oak Leaf Cluster).  However, the review failed to reveal any award of the Purple Heart or the Air Medal with “V” Device on file for the applicant.



6.  The applicant’s records do not contain his medical records.  Item 40 (Wounds) of his DA Form 20 contains no entry.  The applicant’s name does not appear on the Vietnam Casualty Roster.

7.  The applicant’s records contain a Recommendation for Decoration for Valor or Merit, dated 29 March 1969.  It shows he was recommended for award of the Air Medal with “V” Device for his actions on 26 February 1969.  The narrative description provides:

[Applicant] distinguished himself on the morning of 26 February 1969, as the light operator on a UH-1D lightship in a Firefly element scrambled to relieve another Firefly team in contact off of the east end of the active runway at the Bien Hoa Air Base.  [Applicant’s] light had only been on a short while when it discovered a group of the enemy moving through the brush.  The enemy quickly scattered from under the light and began firing at the lightship.  Even though bullets were hitting the aircraft, [Applicant] courageously stood in the door of the lightship and directed his light onto the concealed enemy positions enabling the doorgunner and low flying Cobras to eliminate the enemy. Through [applicant’s] skill in finding the enemy and marking him, the team was able to confirm nine dead with many more probably killed.  [Applicant’s] efforts helped Firefly teams account for 81 enemy killed by air.  The initial discovery and continued pressure by Firefly teams let allied firepower destroy over 360 of the enemy and crush an enemy regiment as an effective unit.  [Applicant’s] extraordinary heroism is in keeping with the highest traditions of the military service and reflect great credit upon himself, his unit and the United States Army.

The recommendation was submitted by the applicant’s company commander, favorably endorsed by his battalion commander, and forwarded to the brigade commander, who was also the approving authority for the award.  The records do not contain any evidence the brigade commander received or took action on the recommendation.

8.  The applicant’s DA Form 20 shows that, 1 month prior to his separation, he was arrested by civil authorities and spent 7 days in civil confinement from 
9-15 September 1970.  This did not affect his conduct and efficiency ratings, nor is there any evidence his commander used it as justification to deny award of the Good Conduct Medal.



9.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  The regulation provides:

	a.  In paragraph 1-26 (Announcement of Awards), how awards are announced.  All decorations and the Good Conduct Medal are announced in Department of the Army General Orders when made by the President, the Secretary of Defense, or the Secretary of the Army.  When made by major Army commands and principal Headquarters Department of the Army (HQDA) officials, announcement is via permanent orders.  When made according to delegated authority, announcement is via permanent orders by the commanders authorized to make the awards.  Permanent awards of badges, except the basic marksmanship qualification badges, identification badges, and the Physical Fitness Badge, will be announced in permanent orders by commanders authorized to make the award or by permanent orders of HQDA.  Service medals and service ribbons are administratively awarded to individuals who meet the qualifying criteria.  Orders are not required. 

	b.  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.  During Vietnam, multiple awards of the Air Medal were signified by oak leaf clusters; however, today Arabic numerals are used to the second and succeeding awards of the Air Medal.  A bronze “V” device signifies acts of heroism involving conflict with an armed enemy.  The bronze “V” device is used in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.  

	c.  The Purple Heart was established by General George Washington at Newburgh, New York on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a 


result of hostile action.  It 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.

	d.  The Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  During Vietnam, Army Regulation 672-5-1, then in effect, provided that the Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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 were not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.

10.  Department of the Army Pamphlet (DA PAM) 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 27 March 1967 to 17 May 1968 by Department of the Army General Order (DAGO) Number 46, dated 1969, amended by DAGO Number 21, dated 1969.  

11.  DA PAM 672-3 also contains, in paragraph 8, campaign participation credits for the Vietnam Conflict.  During the period April 1968 to April 1969, there were four named campaigns:  Vietnam Counteroffensive, Phase IV (2 April 1968 through 30 June 1968); Vietnam Counteroffensive, Phase V (1 July 1968 through 1 November 1968); Vietnam Counteroffensive, Phase VI (2 November 1968 through 22 February 1969); and TET 69 Counteroffensive (23 February 1969 through 8 June 1969).  Soldiers receiving campaign participation credit are entitled to wear a bronze service star on the Vietnam Service Medal for each campaign listed in paragraph 8 of this pamphlet.  



DISCUSSION AND CONCLUSIONS:

1.  The applicant wants his DD Form 214 corrected to show the Expert Marksmanship Qualification Badge with Rifle Bar, the Air Medal with 42 Oak Leaf Clusters, the Air Medal with “V” Device, the Purple Heart, and the Good Conduct Medal.

2.  The applicant’s records contain orders awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  These two badges should be added to his DD Form 214.

3.  A search of ADCARS revealed orders awarding the applicant 30 Air Medals (i.e., the Air Medal with 29 Oak Leaf Clusters).  His DD Form 214 should be corrected to show the Air Medal with Numeral "30."  However, there is no evidence of record to show he was awarded the Air Medal with 42 Oak Leaf Clusters.

4.  There are no orders to show the applicant was ever awarded the Air Medal with “V” Device.  However, the applicant's company commander recommended him for award of the Air Medal with "V" Device for heroic action in aerial flight by “courageously [standing] in the door of [his helicopter]…[E]ven though bullets were hitting the aircraft, and direct[ing] his [search]light onto the concealed enemy positions enabling the doorgunner and low flying Cobras to eliminate the enemy.”  Although the award recommendation appears to have never been forwarded to the approving authority, it is clear the applicant’s actions on 26 February 1969 warrant approval of the recommendation for the award of the Air Medal with "V" Device.  His DD Form 214 should reflect this award, thus it should reflect the Air Medal with Numeral "30" and "V" Device.

5.  There are no medical records to show the applicant was ever wounded; there are no orders to show he was awarded the Purple Heart; and his name does not appear on the Vietnam Casualty Roster.  Unfortunately, there is insufficient evidence to permit awarding him the Purple Heart.

6.  During the Vietnam era, the Good Conduct Medal was awarded to Soldiers who:  served a period of 3 years, except in those cases when the period for the first award ended with the termination of a period of Federal military service; had all “excellent” conduct and efficiency ratings; and who had no convictions by a court-martial.  Even though the applicant apparently had an incident with civil authorities shortly before his separation, this does not appear to void his entitlement to the Good Conduct Medal.  He should be awarded the Good Conduct Medal for exemplary conduct, efficiency and fidelity during a qualifying period of active duty enlisted service from 9 October 1967 through 15 October 1970.

7.  The applicant’s unit of assignment during his service in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This award should be added to his DD Form 214.

8.  The applicant participated in and received campaign participation credit for four campaigns.  His DD Form 214 should be corrected to show the Vietnam Service Medal with four bronze service stars.

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 Air Medal with “V” Device for heroism while engaged in aerial flight in connection with military operations against a hostile force on 26 February 1969;

	b.  awarding him the Good Conduct Medal for exemplary conduct, efficiency and fidelity during a qualifying period of active duty enlisted service from 9 October 1967 through 15 October 1970;

	c.  deleting the Vietnam Service Medal from his DD Form 214; and

	d.  adding the Air Medal with Numeral “30” and “V” Device, the Good Conduct Medal, the Vietnam Service Medal with 4 bronze service stars, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 Purple Heart or any additional awards 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)                                         AR20090001335



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ABCMR Record of Proceedings (cont)                                         AR20090001335



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