IN THE CASE OF:	  

		BOARD DATE:	  1 July 2010

		DOCKET NUMBER:  AR20090020611 


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 and two Air Medals.  

2.  The applicant states he was told the Air Medals would be in his military records. 

3.  The applicant provides, in support of his application, copies of his DD Form 214 and the front side of orders for the Purple Heart.

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.  At the time of his application, the applicant was a non-regular Army retired first sergeant, pay grade E-8.

3.  On 19 May 1969, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

4.  On 8 May 1970, the applicant was assigned as a squad leader with 
D Company, 3rd Battalion (Airmobile), 187th Infantry Regiment, in the Republic of Vietnam. 

5.  General Orders Number 9327, 101st Airborne Division, dated 14 August 1970, awarded the applicant the Purple Heart for wounds received in action on 12 August 1970.

6.  On 8 September 1970, the applicant was reassigned within D Company to a team leader position.

7.  On 8 November 1970, the applicant was reassigned to Headquarters and Headquarters Company, 3rd Battalion (Airmobile), 187th Infantry Regiment.  He remained with this unit until he returned to the United States on 30 March 1971. 

8.  On 4 April 1971, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training).  He had attained the rank of sergeant, pay grade E-5, and had completed 1 year, 
11 months, and 16 days of creditable active duty service. 

9.  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 National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Bronze Star Medal, Expert Marksmanship Qualification Badge [Rifle M-16] and Sharpshooter Marksmanship Qualification Badge [Rifle M-14]. 

10.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Air Medal.   ADCARS is 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.

11.  Army Regulation 600-8-22 (Military Awards) provides 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, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

12.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided 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.  

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

14.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for 
portions of the period under consideration are not disqualifying.

15.  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 two campaign periods: the DA Sanctuary Counteroffensive and the Vietnam Counteroffensive, Phase VII.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

16.  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 3rd Battalion, 187th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 6, dated 1974, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

17.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal with “1960-” Device.  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.  

DISCUSSION AND CONCLUSIONS:

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

2.  General orders show the applicant was awarded the Purple Heart.  Therefore, his records should be corrected to show this award.

3.  There are no general orders showing the applicant was awarded the Air Medal.  Furthermore, the applicant's records do not contain any evidence showing he performed in-flight aerial duties that would have qualified him for award of the Air Medal.  Therefore, his request to correct his records to show award of two Air Medals should be denied.  However, should the applicant have or be able to obtain a copy of the orders awarding him one or both Air Medals, or other corroborating evidence, he may submit another application for consideration.

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

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

6.  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 this foreign unit award.  

7.  Records show that the applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with 1960 Device.  Therefore, his records should be corrected to show this 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 him the Army Good Conduct Medal for the period 19 May 1969 to 4 April 1971; and

	b.  adding the Purple Heart, Army Good Conduct Medal, two bronze service stars to be affixed to his already-awarded Vietnam Service Medal, Republic of Vietnam with 1960 Device, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.

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 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)                                         AR20090020611



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ABCMR Record of Proceedings (cont)                                         AR20090020611



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