IN THE CASE OF:	

		BOARD DATE:	25 August 2009  

		DOCKET NUMBER:  AR20090006321 


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 records to show award of the Purple Heart and the Air Medal.  In addition, he requests all appropriate Vietnam service medals.

2.  The applicant states, in effect, that he was wounded by shell fragments and that he was treated for his wounds at the Marble Mountain Air Facility (MMAF) while assigned to the 245th Surveillance Airplane Company (SAC) in Vietnam.  The applicant further states that he was not awarded the Air Medal for his flights on “Hueys and Mohawks” (UH-1H and OV-1 aircraft) while serving with the 245th SAC and the 282nd Aviation Company. 

3.  The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 21 July 1971. 

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 on 22 July 1968 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 67N (UH-1 Helicopter Repairman).

3.  The applicant arrived in Vietnam and was assigned to the 245th SAC on
20 April 1969 where he performed duties as a reports clerk and helicopter repairman.  

4.  Headquarters, 212th Combat Support Aviation Battalion Special Orders Number 108, dated 21 May 1969, show the applicant was awarded the Aircraft Crewman Badge.

5.  The applicant departed Vietnam on or about 19 April 1970 after being credited with participating in three campaigns.

6.  On 21 July 1971, the applicant was honorably released from active duty in the rank of specialist five/E-5 after completing 3 years of creditable active service with no time lost.  

7.  His DD Form 214 for the period ending on 21 July 1971 shows he was awarded the National Defense Service Medal, the Marksman Marksmanship Qualification Badge (M-16), and the Sharpshooter Marksmanship Qualification Badge (M-14). 

8.  There is no evidence that the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 shows his conduct and efficiency ratings as "excellent" throughout his period of service.

9.  There are no general orders in the applicant’s service personnel records that show he was awarded the Purple Heart or the Air Medal.  There also is no evidence in his service personnel records that show he was wounded or treated for wounds as a result of hostile action in Vietnam.  The applicant's name is not listed on the Vietnam Casualty Roster.  


10.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show the applicant was wounded, and item 41 (Awards and Decorations) does not show award of the Purple Heart or the Air Medal.  

11.  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 orders for the applicant showing award of the Purple Heart or the Air Medal.

12.  The applicant's Army Medical Treatment Records are unavailable.

13.  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, and the medical treatment must have been made a matter of official record.  

14.  Army Regulation 600-8-22 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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

15.  During the Vietnam War, U.S 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.  Nothing created an entitlement to the award.  There was no provision for making the award simply because an aircraft was struck by enemy fire.

16.  Army Regulation 600-8-22 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 serving in Vietnam and contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973.  

17.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal correctly known as the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

18.  Army Regulation 600-8-22 provides, in pertinent part, for 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.

19.  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.

20.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant's service personnel records that show he was awarded the Purple Heart.  There is no evidence in the available records and the applicant has not provided evidence that shows he was injured as a result of hostile action.  
2.  Lacking any corroborating evidence of record showing the applicant was treated for a wound/injury that was the direct result of or caused by enemy action, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.

3.  There is no evidence in the available records and the applicant has not provided evidence that shows he was eligible for or awarded the Air Medal.  Granted he was awarded the Aircraft Crewman Badge which is not shown on his 

DD Form 214 and should be added.  Therefore, it is reasonable to believe that he participated in aerial flight; however, there is no evidence to show mission categories or hours flown and no basis has been established to add the Air Medal to his DD Form 214.

4.  Evidence of record shows the applicant served in Vietnam from 20 April 1969 through 19 April 1970.  Therefore, he is eligible for award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).  He also participation in three campaigns which makes him eligible to wear three bronze service stars on the Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.

5.  The applicant was separated in the rank of specialist five with 3 years of creditable active service with no time lost and conduct and efficiency ratings of "excellent" throughout his period of service.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 22 July 1968 through 21 July 1971.

6.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, the applicant’s DD Form 214 should be amended to add 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 the applicant the Army Good Conduct Medal (1st Award) for the period 22 July 1968 through 21 July 1971; and

	b.  amending his DD Form 214 by adding the Army Good Conduct Medal (1st Award), the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Campaign Medal with Device (1960), and the Aircraft Crewman Badge.

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 correcting his DD Form 
214 to show award of the Purple Heart and 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)                                         AR20090006321



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ABCMR Record of Proceedings (cont)                                         AR20090006321



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