IN THE CASE OF:	  

		BOARD DATE:	  22 April 2010

		DOCKET NUMBER:  AR20090017819 


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, award of the Purple Heart, Silver Star, and Air Medal.

2.  The applicant states, in effect: 

* when he asked for and received a copy of his service personnel records from the National Personnel Records Center he only received 24 pages
* his records have been edited and he cannot prove he was a crew chief much less put in for medals
* he is entitled to the Purple Heart because on 12 June 1969 he was treated at the 123rd Aviation Battalion dispensary for a second degree burn to his arm from changing a hot M-60 machine gun barrel while under fire
* the aircraft made a violent maneuver to avoid enemy fire causing the barrel to swing into his arm
* this injury was the result of being in a firefight while in the performance of his duties as a crew chief on a helicopter
* he is entitled to award of the Silver Star for actions on 26 December 1969 which involved a mission to recover a downed helicopter
* he is entitled to the Air Medal because he flew for the 16th Combat Aviation Group commander for about 60 days (unknown amount of combat flight hours) and he flew 255 actual logged combat hours for the 335th Transportation Company on recovery missions   

3.  The applicant provides 12 enclosures outlined on the back 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.  The applicant enlisted in the Regular Army on 11 September 1967 for a period of 3 years.  He arrived in Vietnam on 23 January 1969 and served as a helicopter mechanic.  On 13 December 1969, he was honorably discharged for immediate reenlistment.  

3.  The applicant's DD Form 214 (Report of Transfer or Discharge) for the period ending 13 December 1969 does not show the Purple Heart, Silver Star, or Air Medal as authorized awards. 

4.  On 14 December 1969, the applicant reenlisted for a period of 4 years.  He departed Vietnam on 22 January 1970.  On 13 December 1973, he was honorably discharged.

5.  The applicant's DD Form 214 for the period ending 13 December 1973 does not show the Purple Heart, Silver Star, or Air Medal as authorized awards.  

6.  There are no orders for the Purple Heart in the applicant’s service personnel records.  

7.  The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) of his DA Form 20 is blank.  The applicant's name does not appear on the Vietnam Casualty Roster.

8.  In support of his claim for the Purple Heart, the applicant provided a service medical record, dated 12 June 1969, which shows he was treated for a second degree burn to his left forearm from an M-60.  He also provided a service medical record, dated 20 June 1969, which shows he was treated for a laceration of his right wrist "on plexiglass."   However, there is no evidence these injuries were the result of hostile action in Vietnam.
9.  There are no orders for the Silver Star or Air Medal in the available records.  

10.  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 for the Purple Heart, Silver Star, or Air Medal. 

11.  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 by medical personnel, and the medical treatment must have been made a matter of official record.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

13.  17.  U.S. Army Vietnam 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.

14.  Combat missions were divided into three categories.  A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force, or delivery of friendly troops or supplies into the immediate combat operations area.  A category II mission was characterized by support rendered a friendly force immediately before, during or immediately following a combat operation.  A category III mission was characterized by support of friendly forces not connected with an immediate combat operation but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire, or under hazardous weather or terrain conditions.
15.  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.

16.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for the timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

17.  A DA Form 638 (Recommendation for Award) must be submitted (a copy of which will be provided to the applicant).  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The request must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  U.S. Army Human Resources Command, Personnel Service Support Division, 200 Stovall Street, Room 3S67, Alexandria, VA  22332-0405. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to the Purple Heart for a second degree burn on his arm sustained on 12 June 1969 while changing a hot M-60 machine gun barrel while under fire.  However, the service medical record provided by the applicant does not show the second degree burn was the result of hostile action.   Since there is no evidence of record which shows that the applicant was wounded as a result of hostile action in Vietnam, regrettably there is insufficient evidence on which to base award of the Purple Heart in this case.
2.  There are no orders for the Silver Star or Air Medal in the available records, and there is insufficient evidence on which to base award of the Silver Star or Air Medal.  While the available evidence is insufficient for awarding the applicant the Silver Star or the Air Medal, this in no way affects the applicant’s right to pursue his claim for these awards by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _  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)                                         AR20090017819





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ABCMR Record of Proceedings (cont)                                         AR20090017819



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