BOARD DATE:	  28 October 2010

		DOCKET NUMBER:  AR20100014015 


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 awards of the:

* Distinguished Service Cross
* Air Medal
* Purple Heart with oak leaf clusters
* Silver Star
* Bronze Star Medal
* Army Commendation Medal
* Air Mobile wings [properly originally known as Airmobile Badge and ultimately as Air Assault Badge]

2.  He states he was issued the aforementioned awards in 1987 at Fort Leonard Wood, MO.  He also states that when he previously requested correction of his records he was told they were burned in a fire in St. Louis, MO.

3.  He provides:

* two letters rendered by his wife and son
* a DA Form 1577 (Authorization for Issuance of Awards)

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 was inducted into the Army of the United States on 14 February 1962 for a 2-year period.  He completed his initial entry training and was awarded military occupational specialty (MOS) 131 [later redesignated as 11E (Armor Crewman)].  He served honorably and was released from active duty on 13 February 1964 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his military service obligation.  He was issued a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period of service.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows he received the Army Good Conduct Medal.

3.  After a break in service, he enlisted in the Regular Army on 30 December 1964 for a 3-year period.  His MOS remained 11E.  On 5 November 1966, Special Orders Number 275 Extract issued by 3rd Infantry Division withdrew his primary MOS 11E, awarded him primary MOS 11B (Light Weapons Infantryman), and awarded 11E as his secondary MOS.  He served honorably and was discharged on 25 September 1967 for the purpose of immediate reenlistment.  He was issued a DD Form 214 for this period of service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows he received the following awards:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

4.  On 26 September 1967, he reenlisted for a period of 6 years.

5.  He served in the Republic of Vietnam as an infantry team leader assigned to Company C, 1st Battalion (Airborne), 502nd Infantry Regiment for the period 16 March 1968 to on or about 5 October 1968.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show an entry for wounds received from hostile action.

6.  The applicant was honorably discharged from active duty on 5 October 1968.  The DD Form 214 issued to him for this period of service shows he completed a total of 5 years, 9 months, and 6 days of active duty service with 8 months and 7 days of foreign service.  Item 24 of this DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge

7.  The applicant's service personnel records are void of any evidence and he has not provided any evidence showing he was either recommended for or awarded the Distinguished Service Cross, Silver Star, Bronze Star Medal, Purple Heart, Air Medal, Army Commendation Medal, or Air Assault Badge.

8.  The applicant's name is not listed on the Vietnam casualty roster as being injured during combat operations.  His military medical records are devoid of documentation showing he was wounded and that he received medical treatment from Armed Forces medical personnel for his wounds during combat operations.

9.  His record does not show he completed the Air Assault Course.

10.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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, failed to reveal any orders awarding him the Distinguished Service Cross, Silver Star, Bronze Star Medal, Purple Heart, Air Medal, or Army Commendation Medal.

11.  He provides two letters rendered by his wife and son who support his statement that he received the aforementioned awards from the Adjutant General's Office at Fort Leonard Wood following their attendance of the son's graduation ceremony for completing basic combat training in September 1987.

12.  He also provides a DA Form 1577 rendered by the U.S. Army Reserve Personnel Center, St. Louis, MO, dated 11 April 1987, which indicates he was entitled to the following awards and decorations listed below.  This form contains the statement that "a silver service star is awarded in lieu of five bronze service stars."

* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar
* Marksman Marksmanship Qualification Badge with Carbine Bar

13.  References:

	a.  Army Regulation 600-8-22 (Military Awards) states the Distinguished Service Cross is awarded to a person, who while serving in any capacity with the Army, distinguishes himself or herself by extraordinary heroism while engaged in action against an enemy of the United States not justifying award of the Medal of Honor.  The act or acts of heroism must have been so notable and have involved risk of life so extraordinary as to set the individual apart from his or her comrades.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  Army Regulation 600-8-22 states 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.

	c.  Army Regulation 600-8-22 states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.

	d.  Army Regulation 600-8-2 provides that the Purple Heart is awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services, is wounded, killed, or who has died as a result of 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 a medical officer, and the medical treatment must have been made a matter of official record.

	e.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, provided that a brief description of wounds or injuries (including injury from gas) requiring medical treatment that was received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

	f.  Army Regulation 600-8-22 states 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.

	g.  According to the U.S. Army Institute of Heraldry, "the Air Assault Badge was approved by the Chief of Staff, Army, on 18 January 1978, for Army-wide wear by individuals who successfully completed air assault training after 1 April 1974.  The badge had previously been approved as the Airmobile Badge authorized for local wear by the Commander of the 101st Airborne Division effective 1 April 1974."  The division was reorganized from parachute to airmobile in mid-1968 in Vietnam and re-designated as the 101st Airborne Division (Airmobile).  The parenthetical designation changed to Air Assault on 4 October 1974 and the name of the badge was likewise changed.

	h.  Army Regulation 600-8-22 states award of the Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.

	i.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

	j.  The request, along with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to U.S. Army Human Resources Command, AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records were burned and that within his records was the evidence to correct his discharge document to show the following awards:  Distinguished Service Cross, Silver Star, Bronze Star Medal, Purple Heart, Army Commendation Medal, and Air Assault Badge.

2.  While he contends his personnel service records were burned, this is not factual, for his records are maintained at the National Personnel Records Center in St. Louis, MO, and were available for the Board's review.

3.  While the available evidence is insufficient for awarding the applicant a Distinguished Service Cross, Silver Star, Bronze Star Medal, or Army Commendation Medal, this in no way affects his right to pursue his claim for these awards by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

4.  His record is void of any evidence and he has not submitted any evidence showing he incurred any wounds through hostile or enemy action requiring medical treatment.  In the absence of military and medical records showing the applicant was wounded and treated for wounds resulting from hostile action, there is insufficient evidence upon which to base award of the Purple Heart.

5.  There are no available flight records to show he participated in aerial flight operations.  Therefore, due to a lack of sufficient evidence, there is no justification to support award of an Air Medal.

6.  On 18 January 1978, the Army Chief of Staff approved for Army-wide wear of the Air Assault Badge by individuals who successfully completed air assault training after 1 April 1974.  The badge had previously been approved as the Airmobile Badge authorized for local wear by the Commander of the 101st Airborne Division effective 1 April 1974.  In view of the fact that the applicant was discharged prior to the inception of either badge, there is no basis to support award of the Airmobile Badge or the Air Assault Badge.



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)                                         AR20100014015



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ABCMR Record of Proceedings (cont)                                         AR20100014015



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