IN THE CASE OF:	

		BOARD DATE:	  30 March 2010

		DOCKET NUMBER:  AR20090015465 


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 Presidential Unit Citation, Army Good Conduct Medal, Purple Heart, and the Air Service Medal.

2.  The applicant states that he was assigned to the 1st Battalion, 5th Cavalry, 1st Air Cavalry Division in 1966.  He states the 1st Air Cavalry Division was awarded the Presidential Unit Citation, and the Army Good Conduct Medal was also omitted.  He continues to state that he received the Air Medal but not the Air Service Medal.  The applicant states he received a foot injury while he was trying to subdue an enemy combatant.  The wound was treated on 22 September 1966, he had minor surgery, and he was hospitalized for two days.

3.  The applicant provides the following documents in support of his application:
self-authored statement, dated 9 September 2009; pages 2, 3, and 4 of his DA Form 20 (Enlisted Qualification Record); and a Standard Form (SF) 600 (Chronological Record of Medical Care.

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 30 July 1964.  He completed training as a medical corpsman and his highest rank/grade attained was specialist five (SP5)/E-5.

3.  The applicant was assigned to Vietnam on 6 January 1966 with Headquarters and Headquarters Company, 1st Battalion, 5th Cavalry, 1st Air Cavalry Division (Airmobile).

4.  The applicant’s SF 600 shows his left great toe was treated on 22 September 1966.

5.  The applicant departed Vietnam on 8 January 1967.  He was credited with participating in the Vietnam Counteroffensive (25 December 1965 - 30 June 1966) and the Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967) campaigns.

6.  There are no orders in the applicant's personnel records which show he was awarded the Purple Heart.  His DA Form 20 does not list any wounds as a result of hostile action in item 40 (Wounds).  His name is not included on the Vietnam Casualty Roster.

7.  Item 41 (Awards and Decorations) on his DA Form 20 does not list the Presidential Unit Citation, Army Good Conduct Medal, Purple Heart, or the Air Service Medal as authorized awards.

8.  The applicant was honorably released from active duty on 28 July 1967 in the rank of SP5.  He completed 2 years, 11 months, and 29 days of active military service with no days of lost time.  His DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no record of any disciplinary actions.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Expert Marksmanship Qualification Badge with Rifle Bar, Vietnam Service Medal, Combat Medical Badge, National Defense Service Medal, Republic of Vietnam Campaign Medal, Air Medal, and the Bronze Star Medal as authorized awards.
10.  The applicant provided a self-authored statement describing the events involving the stressors he experienced in Vietnam as a combat medic for the
1st Air Cavalry Division in 1966.  In March [1966] he was assigned to Company B, 1st Battalion, 5th Cavalry as a platoon combat medic.  After being "air assaulted" into an enemy-held village in the Bong Song area, his company quickly overran a village, killing numerous enemy combatants as well as civilians.  He tried to treat as many civilians with medical aid as he could.  He captured one enemy combatant and engaged him with physical restraint.  He continues to state that he injured his foot during the confrontation and was sent back to the aid station for minor surgery.

11.  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 that the 1st Battalion, 5th Cavalry, 1st Air Cavalry Division was cited for award of the Presidential Unit Citation for the period 23 October to 26 November 1965 by Department of the Army General Orders (DAGO) Number 40, dated 1967.  

12.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 1st Battalion, 5th Cavalry, 1st Air Cavalry Division, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 59, dated 1969.

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.  Paragraph 2-8b(2) states that for the purpose of considering an award of the Purple Heart, a “wound” is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  The regulation states that the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.  

14.  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.  


15.  The Republic of Vietnam Air Service Medal was awarded to foreign military personnel by the Republic of Vietnam Congress in January 1974 as per the agreed upon cessation of hostilities following ratification of the 1973 Peace Agreement.  It was awarded to any person who, while serving the Republic of Vietnam in any capacity in or with the armed forces of the United States, was serving as a crew member in aerial flight.  Awards may be made to recognize single acts of merit or heroism or for meritorious service by the Honor Grade notation on the award certificate.  Award of the Republic of Vietnam Air Service Medal is primarily intended to recognize those personnel who were on crew member or non-crew member flying status which required them to participate in aerial flight on a regular and frequent basis in the performance of their primary duties.  However, it may also be awarded to certain other individuals whose combat duties required regular and frequent flying in other than a passenger status or individuals who perform a particularly noteworthy act while performing the function of a crew member but who are not on flying status.  These individuals must have made a discernible contribution to the operational land combat mission or to the mission of the aircraft in flight.  Awards will not be made to individuals who use air transportation solely for the purpose of moving from point to point in a combat zone.  However, this foreign award is not authorized for U.S. military issue or wear because it competes with the U.S. Air Medal.  It is also not listed in Army Regulation 600-8-22 as an authorized award 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was assigned to the 1st Battalion, 5th Cavalry, 1st Air Cavalry Division in 1966 and this unit was awarded the Presidential Unit Citation.  Department of the Army Pamphlet 672-3 shows this unit was awarded the Presidential Unit Citation during the period 23 October to 26 November 1965.  However, the applicant was not assigned to this unit during the period it was cited for award of the Presidential Unit Citation.  Therefore, he is not eligible for correction of his DD Form 214 to show this unit award.

2.  The applicant contends his records should show the Army Good Conduct Medal.  His service records show he received "excellent" conduct and efficiency ratings throughout his service and he was promoted to SP5/E-5 during this period.  There is also no record of any disciplinary actions or a commander's disqualification for this award.  It appears he has met the regulatory requirements 
for the first award of the Army Good Conduct Medal for a qualifying period of service from 30 July 1964 through 28 July 1967.  Therefore, he should be awarded the Army Good Conduct Medal (first award) and his records should be corrected to show this award.

3.  The applicant’s contention that he received a foot injury while he was trying to subdue an enemy combatant, was treated on 22 September 1966, had minor surgery, and was hospitalized for two days is acknowledged.

4.  By regulation, in order to award the Purple Heart it is necessary to establish that a Soldier was wounded in action, that the wound required treatment by medical personnel, and the treatment must have been made a matter of official record.  Although the SF 600 provided by the applicant shows his left great toe was treated on 22 September 1966, this medical document does not confirm the applicant was wounded as a result of hostile action and his name is not listed on the Vietnam Casualty Roster.  Therefore, there is insufficient evidence in which to base award of the Purple Heart in this case.

5.  The applicant’s request for award of the Republic of Vietnam Air Service Medal is acknowledged.  While this foreign award is not authorized for U.S. military issue or wear, this in no way affects the applicant’s right to apply for a personal issue of the associated medal and certificate at his own cost.  He may do so at the following website:  http://www.amervets.com/replacement/vnam.htm.

6.  The applicant was assigned to the 1st Battalion, 5th Cavalry, 1st Air Cavalry Division during a period it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, this foreign unit award should be added to his DD Form 214.

7.  The applicant’s DD Form 214 currently reflects the Vietnam Service Medal.  However, he received credit for participation in two campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect two bronze service stars for wear on his already-awarded Vietnam Service Medal.

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 his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (first award) for the period 30 July 1964 through 28 July 1967; and 

	c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal (first award), Vietnam Service Medal with two bronze service stars, 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, Presidential Unit Citation, and the Republic of Vietnam Air Service Medal.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20090015465



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ABCMR Record of Proceedings (cont)                                         AR20090015465



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