IN THE CASE OF:	  

		BOARD DATE:	  5 November 2009

		DOCKET NUMBER:  AR20090010520 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart for wounds received while in the Republic of Vietnam.

2.  The applicant states that the documents he currently has have not been accepted by the Department of Veterans Affairs (VA). 

3.  The applicant provides no additional documentation 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.  On 30 March 1964, the applicant enlisted in the Regular Army for 4 years.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  On 25 August 1964, the applicant was assigned to C Company, 1st Battalion, 14th Infantry Regiment, Hawaii with duty as a rifleman.

4.  Special Orders Number 71, 25th Infantry Division, dated 22 March 1965, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.

5.  On 8 June 1965, the applicant was attached to the 118th Aviation Company, in the Republic of Vietnam with duty as an aerial door gunner.  He served in this position until his return to his former unit in Hawaii on 7 September 1965.

6.  General Orders Number 265, United States Army Vietnam, dated 24 August 1965, awarded the applicant the Air Medal, 3rd Oak Leaf Cluster.  The accompanying citation states that the applicant actively participated in more than 25 aerial missions over hostile territory in support of counterinsurgency operations.

7.  On 21 October 1965, the applicant's unit departed Hawaii for assignment in the Republic of Vietnam.   On 16 January 1966, the applicant was assigned as an automatic rifleman while in the Republic of Vietnam. 

8.  A casualty message reported that the applicant was wounded in the chest by small arms fire as a result of hostile action on 20 March 1966.

9.  On 21 December 1966, the applicant departed the Republic of Vietnam for duty in Europe.

10.  On 16 February 1967, the applicant was assigned to B Company, 1st Battalion, 30th Infantry Regiment as an assistant gunner.  On 30 April 1967, he became a team leader in this same unit.  

11.  On 29 January 1968, the applicant underwent a medical examination in conjunction with separation.  The physician noted that the applicant had been previously hospitalized in the 8th Field Hospital in the Republic of Vietnam for treatment of a small arms wound to his left anterior chest.

12.  On 11 March 1968, the applicant was released from active duty.  He had attained the rank of sergeant, pay grade E-5 and had completed 3 years,
11 months and 12 days of creditable active duty.
13.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the CIB [Combat Infantryman Badge], VNCM [Republic of Vietnam Campaign Medal], AFEXM [Armed Forces Expeditionary Medal], AM W 3 OLC [Air Medal with three Oak Leaf Clusters], NDSM [National Defense Service Medal] and the VNSM [Vietnam Service Medal].  It does not show award of the Purple Heart.

14.  The Vietnam Casualty Roster shows the applicant was wounded in action on 20 March 1966.

15.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) is blank.

16.  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 awarding the applicant the Purple Heart. 

17.  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.

18.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that his conduct and efficiency ratings were "excellent."  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show the commander took any action to deny him the Army Good Conduct Medal. 

19.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following three campaign periods: the Vietnam Defense; the Vietnam Counteroffensive; and the Vietnam Counteroffensive, Phase II.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

20.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 1st Battalion, 14th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 48, dated in 1971, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

21.  Army Regulation 672-5-1 (Awards), that governed military awards at the time, provided for temporary and permanent award of the Aircraft Crew Member Badge.  The regulation authorized the commander of any unit with Army aircraft assigned to publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge.  To be eligible for temporary award of the Aircraft Crew Member Badge an individual had to be on flying status as a crew chief in the case of crew chiefs, electronic sensor system operators, and flight engineers or as a non-crewmember in the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors.  The regulation also required individuals to be qualified based on a Class III physical examination, and to hold a principal duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector.  These personnel are authorized to wear the badge temporarily until relieved from these duties or they may be authorized permanent wear of the Aircraft Crew Member Badge once they have fulfilled the regulatory requirements for permanent award of the badge.  

22.  For permanent award of the Aircraft Crew Member Badge, an individual must have performed in one of the duties specified above for not less than 
12 months (not necessarily consecutive) or must have been school trained for a principal duty specified above.  Personnel who were precluded by incapacitation from further flight duty due to wounds sustained as a result of hostile action or injuries resulting from an aircraft accident for which they were not personally responsible were entitled to permanent wear of the Aircraft Crew Member Badge.  Further, an individual who had participated in at least 15 combat missions under probable exposure to enemy fire while serving in the principal duty of crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector was entitled to permanent award of the Aircraft Crew Member Badge.

23.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, the 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.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart.

2.  There are no general orders available that show the applicant was awarded the Purple Heart.  However, the applicant's name is listed on the Vietnam Casualty Roster and his military service records show that he was wounded in action and received medical treatment for his wounds.  Therefore, the applicant's records should be corrected to show award of the Purple Heart.

3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that the applicant not being awarded the Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal for his first 3 years of active duty service.

4.  Records show the applicant participated in three campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his Vietnam Service Medal.

5.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.   

6.  Special Orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, his records should be corrected to show this award.

7.  General orders and evidence of record shows the applicant performed duty as a door gunner and participated in at least 75 combat missions resulting in award of three Air Medals.  Therefore, his records should be corrected to show he was awarded the Aircraft Crew Member Badge.







BOARD VOTE:

____x____  ____x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 for the period from 30 March 1964 to 29 March 1967; 

   b.  deleting all awards from Item 24 of the applicant's DD Form 214; and
   
   c.  showing in Item 24 of his DD Form 214 that his authorized awards include the National Defense Service Medal, Air Medal with three Oak Leaf Clusters,  Purple Heart, Army Good Conduct Medal, Armed Forces Expeditionary Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with 1960 Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, Aircraft Crew Member Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar.  



      _______ _   _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)                                         AR20090010520





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ABCMR Record of Proceedings (cont)                                         AR20090010520



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