IN THE CASE OF:	  

		BOARD DATE:	  18 March 2010

		DOCKET NUMBER:  AR20090015621 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all of his awards, to include the Air Medal with five Oak Leaf Clusters, Army Reserve Components Achievement Medal, Army Service Ribbon, Army Reserve Components Overseas Training Ribbon with Numeral 1, and the Purple Heart.

2.  The applicant states that his DD Form 214 does not show all of his awards.

3.  The applicant provides, in support of his application, copies of his DD Form 214, a page from a service medical record showing treatment for a shrapnel wound, an order for award of the Air Medal with associated documents, and a letter from the National Personnel Records Center.

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's active duty service records are not available for review.  However, there are sufficient documents available in his subsequent United States Army Reserve records to conduct a fair and impartial review of this specific request.

3.  The applicant's DD Form 214 shows the following information:

	a.  On 25 January 1963, he enlisted in the Regular Army for 3 years;

	b.  He served overseas for a period of 2 years, 5 months, and 10 days in an unidentified location(s);
	
   c.  He was awarded the Air Medal with three Oak Leaf Clusters, Armed Forces Expeditionary Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Driver and Mechanic Badge with Driver-W Bar; and
   
   d.  On 10 January 1966, he was separated from active service in the rank of private, pay grade E-1.  He completed 2 years, 11 months, and 14 days of creditable active service.
   
4.  The applicant provided what appears to be a service medical record extract showing that on 10 June 1965, an unidentified enlisted member received medical treatment for minor cuts to the right hand.  The record states that the individual received these injuries from shrapnel while engaging the enemy as a helicopter door gunner.

5.  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 U.S. Army Human Resources Command, revealed the following orders pertained to the applicant:

	a.  General Orders Number 238, United States Army Vietnam, Air Medal for 
8 to 23 June 1965, while assigned to the 118th Aviation Company;

	b.  General Orders Number 239, United States Army Vietnam, Air Medal (First Oak Leaf Cluster) for 23 to 30 June 1965, while assigned to the 118th Aviation Company;

	c.  General Orders Number 263, United States Army Vietnam, Air Medal (Second Oak Leaf Cluster) for 1 to 9 July 1965, while assigned to the 118th Aviation Company;

	d.  General Orders Number 265, United States Army Vietnam, Air Medal (Third Oak Leaf Cluster) for 9 to 22 July 1965, while assigned to the 118th Aviation Company; and

	e.  General Orders Number 727, United States Army Vietnam, Air Medal (Fifth Oak Leaf Cluster) for 15 to 31 August 1965, while assigned to the 118th Aviation Company.

6.  Army Regulation 600-8-22 provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

7.  The applicant’s name is not listed on the Vietnam Casualty Roster.

8.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) is not available for review.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded to a member of the Armed Force or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S.  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.

10.  Army Regulation 600-8-22 provides that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  Paragraph 2-13d specifically provides that individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request, a unit personnel officer may award the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual.  No person will be entitled to both awards for Vietnam Service.



11.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates for award of the Air Medal in the Republic of Vietnam, he participated in the Vietnam Defense campaign.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

12.  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 118th Aviation Company, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 43, dated in 1966, for award of the Presidential Unit Citation; and in DAGO Number 17, dated in 1968, for award of the Meritorious Unit Commendation.

13.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

14.  Army Regulation 600-8-22 provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and
30 November 1995 and 11 September 2001 and to a date to be determined. 

15.  Army Regulation 600-8-22 shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

16.  Army Regulation 600-8-22 shows authorization for award of the Army Reserve Components Achievement Medal to Army personnel including Active Guard Reserve officers in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve troop program unit or as an individual mobilization augmentee on and after 3 March 1972.

17.  Army Regulation 600-8-22 shows the Secretary of the Army established authorization for award of the Army Reserve Components Overseas Training Ribbon on 11 July 1984.  All members of the Army National Guard and United States Army Reserve are eligible to receive this award if they were active Reserve status members not on active duty in the Regular Army.

18.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.

DISCUSSION AND CONCLUSIONS: 

1.  There are no available general orders awarding the applicant the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster.  
Furthermore, the medical evidence provided by the applicant does not indicate who received treatment for the shrapnel wound.  Therefore, the evidence is not sufficient to grant relief on this issue.  However, if the applicant has additional evidence that clearly shows he was the individual treated for this wound, he may resubmit his request.

2.  General orders clearly show the applicant's award of the Air Medal with five Oak Leaf Clusters.  Therefore, the applicant's DD Form 214 should be corrected to show the Air Medal with Numeral 6.

3.  The applicant’s unit was cited in general orders for award of the Presidential Unit Citation, Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  Records show the applicant served during a qualifying period for award of the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

5.  Records show the applicant served during a qualifying period for award of the Vietnam Service Medal with one bronze service star.  His records also show that he was awarded the Armed Forces Expeditionary Medal.  It is presumed that this award was for his service in the Republic of Vietnam.  Should the applicant desire, he may request award of the Vietnam Service Medal with one bronze service star in lieu of the Armed Forces Expeditionary Medal, or provide evidence showing that this award was for some other period of service.

6.  Regulatory guidance shows the Secretary of the Army authorized the following awards in 1972 or later:  Army Service Ribbon, Reserve Components Achievement Medal, and the Army Reserve Components Overseas Training Ribbon.  Furthermore, these awards pertain only to Reserve Component Soldiers.  Therefore, his Regular Army service from 1963 to 1966 does not qualify him for these awards.

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 all award entries from his DD Form 214; and

	b.  adding to his DD Form 214 the National Defense Service Medal, Air Medal with Numeral 6, Presidential Unit Citation, Meritorious Unit Commendation, Armed Forces Expeditionary Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Driver and Mechanic Badge with Driver-W Bar.

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, Army Service Ribbon, Reserve Components Achievement Medal, and the Army Reserve Components Overseas Training Ribbon.




      _______ __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)                                         AR20090015621



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ABCMR Record of Proceedings (cont)                                         AR20090015621



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