IN THE CASE OF:	  

		BOARD DATE:	  18 November 2010

		DOCKET NUMBER:  AR20100014624 


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 that his DD Form 214 (Report of Separation from Active Duty) be corrected to show award of the Purple Heart.  He also requests award of the Air Medal.

2.  The applicant states, in effect, that he was awarded the Purple Heart for wounds received in action in Vietnam on 27 April 1967 by United States Marine Corps Lieutenant General W___ on 28 April 1967, immediately after the attack.  But he never received any orders.  He goes on to state that he received shrapnel wounds to the right forearm below the elbow and he was treated by a medic who sutured and bandaged the wound.  He further states that during his two tours in Vietnam he flew approximately 75 hours in helicopters and should have received the Air Medal.

3.  The applicant provides:

* His previous application to the Board (which was administratively closed)
* A quarterly chronology for his unit in Vietnam during the period 1 April to 30 June 1967
* 39 pages of his unit’s history from 1 July 1966 to 31 May 1967
* An electrocardiogram taken in connection with a flight physical on 
3 November 1970




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 13 September 1966 for a period of 3 years.  He completed basic training at Fort Ord, California and advanced individual training (AIT) as a cannon crewman at Fort Sill, Oklahoma before being transferred to Vietnam on 23 February 1967.

3.  He was assigned to Battery B, 6th Battalion, 27th Artillery Regiment initially as a track vehicle mechanic and on 15 October 1967 as a cannoneer.  He departed Vietnam on 21 February 1968 and he was transferred to Fort Campbell, Kentucky.

4.  On 16 April 1968, he reenlisted for a period of 4 years and training as a dental specialist.  He underwent his training at Fort Sam Houston, Texas and upon completion of his training he was transferred to Fort Sill for duty as a dental specialist.  He reenlisted on 29 October 1969 for a period of 6 years.

5.  On 20 November 1969, he was transferred to Fort Sam Houston to undergo training as a medical specialist.  He completed that training and was transferred to Fort Lewis, Washington for duty as a dental specialist. 

6.  On 28 May 1970, he was transferred to Fort Wainwright, Alaska for duty as dental specialist. 

7.  On 15 October 1970, he was transferred back to Vietnam for assignment to:

* 45th Medical Company on 20 October 1970 – medical specialist
* 584th Medical Company on 16 December 1970 – medical specialist
* 439th Medical Detachment on 19 December 1970 – medical specialist
* 584th Medical Company on 25 February 1971 – medical specialist
* 518th Medical Detachment on 10 May 1971 – medical specialist
* 56th Dental Detachment on 16 July 1971 – dental specialist

8.  He departed Vietnam on 14 May 1972 after having served 19 months and was transferred to Fort Sam Houston, Texas to undergo training as a dental hygienist.  He completed this training and was transferred to Fort Polk, Louisiana for duty as a dental hygienist until 3 December 1973 when he was transferred back to Fort Sam Houston for duty as a dental assistant.

9.  On 15 August 1975, he was honorably discharged to attend school.  He had served 8 years, 11 months, and 3 days of total active service and his DD Form 214 and DD Form 215 (Correction to DD Form 214) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with one silver and two bronze service stars, the Republic of Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Good Conduct Medal (2d award), the Presidential Unit Citation, the Meritorious Unit Commendation with one oak leaf cluster, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

10.  On 17 November 2009, in response to a request for award of the Air Medal, the Human Resources Command, Alexandria, Virginia informed the applicant that there was no record of orders awarding him the Air Medal and his records did not contain orders or flight records showing he was authorized to participate in frequent aerial flights over hostile territory.  Accordingly, a determination could not be made to award him the Air Medal.

11.  A review of the applicant’s official records failed to show any indication that he was recommended for or awarded the Air Medal.  Additionally, there is no evidence of his participation in aerial flights while in Vietnam.

12.  A search of the Vietnam Casualty Listing failed to show the applicant was ever reported as a casualty.  Additionally, there is no evidence of him being treated for wounds received as a result of enemy action or being awarded the Purple Heart.

13.  A search of the U.S. Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System, a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, also failed to produce an order which awarded the applicant the Purple Heart or the Air Medal.


14.  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 a medical officer, and the medical treatment must have been made a matter of official record.

15.  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.

16.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided additional guidelines for award of the Air Medal in Vietnam.  It stated 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.  

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that he was awarded a Purple Heart by a Marine Corps general is not in doubt, there simply is insufficient evidence to show that he was treated for such wounds and that the treatment was made a matter of record.  Furthermore, there are no orders in the available records to substantiate his claim.

2.  Therefore, in the absence of evidence to show he meets the criteria for award of the Purple Heart, there appears to be no basis to add the Purple Heart to his DD Form 214 at this time.

3.  The applicant’s contention that he qualified for award of the Air Medal has also been noted.  However, there are no flight records or orders available authorizing him flight duty to warrant approval of his request for award of the Air Medal.  Further, he has failed to show through the evidence submitted with his application and the evidence in the available record that he is authorized award of the Air Medal.  

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 the United States during the Vietnam War.  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)                                         AR20100014624



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ABCMR Record of Proceedings (cont)                                         AR20100014624



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