IN THE CASE OF:	  

		BOARD DATE:	  13 May 2010

		DOCKET NUMBER:  AR20090020747 


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 the following awards:

* Presidential Unit Citation
* Army Commendation Medal
* Air Medal
* Bronze Star Medal
* Purple Heart

2.  The applicant also requests that all medals and citations be mailed to him.

3.  The applicant states that his records should be corrected.  He adds that:

   a.  While in Vietnam his unit went to the jungle for months.  Upon return, they assembled the unit on a parade ground and an officer pinned members of the unit with the Presidential Unit Citation.

   b.  On two separate occasions, he rescued 3 non-swimmers who had fallen off their air mattresses during river crossing.  His commander told him he would put him in for the Army Commendation Medal.

   c.  His unit flew over 80 air mobile missions and he was told he qualified for the Air Medal.

   d.  On 25 December 1967, he returned from leave and stayed overnight at a fuel depot outside Saigon.  The depot was hit with 270 rounds of mortar fire.  His tent was gone and he was evacuated to the rear.  He only suffered a laceration to his leg.  While in the rear, he volunteered with others to put out the fires by rolling nearby barrels of oil away from jet fuel. They were finally able to roll all the barrels into the Saigon River.  They were all assembled and were told by a general officer they would receive the Bronze Star Medal.  Every man deserved the Bronze Star Medal and at least a Purple Heart.  Everyone was burned or cut and bled during the process of fighting the fires on one side and the mortar attack on the other side.

4.  The applicant did not provide any additional documentary evidence in support of his request.

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 records show he enlisted in the Regular Army on 24 January 1966 and was initially trained in and held military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He also held MOS 71H (Personnel Specialist).

3.  His records further show he served in the Republic of Vietnam from on or about 21 November 1966 to 1 November 1967.  He was assigned to Company B, 2nd Battalion, 3rd Infantry Regiment, 199th Infantry Brigade. 

4.  He was honorably released from active duty on 23 June 1969 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation.


5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Good Conduct Medal, Combat Infantryman Badge, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) contains no entry.

7.  Item 41 (Awards and Decorations) of his DA Form 20 does not show any of the requested awards.

8.  His records do not contain official orders awarding him the Purple Heart, Bronze Star Medal, Air Medal, or Army Commendation Medal.

9.  His name is not shown on the Vietnam Casualty Roster.

10.  The applicant's flight record is not available for review with this case.  Additionally, there is no evidence in his service records that show he was a door gunner or that his duties required him to fly.  

11.  During the processing of this case, a member of the Board's staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Purple Heart, Bronze Star Medal, Air Medal, or Army Commendation Medal orders on file for him. 

12.  His available medical records show he underwent a separation physical on 29 November 1969 at Fort Ord, CA, wherein he stated in his own words that he was in "Excellent" health.  He did not list any injuries, wounds, or burns.  Additionally, aside from a strep throat, a rash, and an inflamed prostate, the attending physician did not note any combat injuries, wounds, or burns. 

13.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Purple Heart is awarded for a wound sustained while in action against and enemy or 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 military medical personnel, and the medical treatment must have been made a matter of official record. 

	b.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years. 

	c.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	d.  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.

14.  U.S. Army Vietnam (USARV) 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.  

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) does not show the 2nd Battalion, 3rd Infantry, was awarded the Presidential Unit Citation before, during, or after the applicant's assignment to this unit. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Presidential Unit Citation, Army Commendation Medal, Air Medal, Bronze Star Medal, and Purple Heart; and that these awards should be mailed to him.
2.  With respect to the Purple Heart:

	a.  The Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather he is entitled to it upon meeting specific criteria.  When contemplating an award of this decoration, the key issue 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 the sole justification for the award.

	b.  The applicant's name is not shown on the Vietnam Casualty Roster; his DA Form 20 does not show any combat wounds; his record is void of orders that show he was awarded the Purple Heart; and his available medical records do not indicate he was wounded and/or injured as a result of hostile action.  Therefore, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart. 

3.  With respect to the Bronze Star Medal and Army Commendation Medal, again, his record is void of official orders or recommendations for these medals. 
Army regulations stipulate that all personal decorations require formal recommendations, approval through the chain of command, and announcement in orders.  In the absence of orders, there is insufficient evidence to correct his records to show either medal.

4.  With respect to the Air Medal, his flight record is not available for review with this case and there are no official orders in his records that show he was awarded the Air Medal.  In the absence of official orders or other independent evidence that show he completed the number of missions necessary to be awarded the Air Medal, there is insufficient evidence upon which to base award of the Air Medal.  

5.  There is no evidence that the unit to which the applicant was assigned in Vietnam was awarded the Presidential Unit Citation or that he was assigned or attached to any unit that was awarded the Presidential Unit Citation.  

6.  The ABCMR corrects records; the ABCMR does not issue medals and or awards.  Army retirees and veterans who terminated their service prior to 
1 October 2002 must submit requests to the National Personnel Records Center (NPRC), 9700 Page Avenue, St. Louis, Missouri 63132.  The NPRC will verify the awards to which a retiree/veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the awards/medals.  Requests submitted to the NPRC may be submitted via a letter or the Standard Form 180 (which can be obtained online).  Requests must include a copy of the retiree’s/veteran’s separation or discharge paperwork and any other supporting documentation to substantiate the request.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  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)                                         AR20090020747



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ABCMR Record of Proceedings (cont)                                         AR20090020747



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