BOARD DATE:	  9 November 2010

		DOCKET NUMBER:  AR20100015543 


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 Bronze Star Medal, the Purple Heart, the Air Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states the medals were omitted from his official military records and his DD Form 214.

3.  The applicant provides:

* Special Orders Number 268
* Special Order TF-1700
* Special Orders Number 361
* memorandum, subject:  Reassignment Orders (Medical Evacuees)
* Special Orders Number 7
* General Orders Number 575 
* Bronze Star Medal Certificate 
* Bronze Star Medal Citation
* DD Form 214

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 record shows he enlisted in the U.S. Army Reserve (USAR) on 23 August 1966.  He attended and successfully completed the Officer Candidate Course conducted by the U.S. Army Infantry School located at Fort Benning, GA.  On 7 September 1967, the applicant was appointed as a commissioned officer in USAR in the rank/grade of second lieutenant/O-1 and was awarded specialty 1542 (Infantry Unit Commander).

3.  Records show the applicant served in the Republic of Vietnam from on or about 25 August 1968 to on or about 19 January 1969.  During his Vietnam tour of duty he was assigned to Company A, 2nd Battalion (Airborne) (Airmobile), 8th Cavalry Regiment, 1st Cavalry Division.  The highest rank/grade he attained while serving on active duty was first lieutenant/O-2.

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 6 September 1969 and transferred to the USAR Control Group (Annual Training).  He completed 3 years and 14 days of total active service with 6 months and 24 days of foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal.

5.  There are no orders in the applicant's military service records which show he was awarded the Purple Heart, Air Medal, or Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Additionally, there are no flight records or evidentiary documents in the applicant's records that document flight missions while serving in Vietnam.

6.  The applicant's records contain the following documents related to his award of the Bronze Star Medal:

	a.  General Orders Number 575, Headquarters, 1st Cavalry Division (Airmobile), Vietnam, dated 12 January 1969, awarded the applicant the Bronze Star Medal for meritorious service not involving participation in aerial flight in connection with military operations against a hostile force in the Republic of Vietnam.

	b.  The Bronze Star Medal award certificate and citation, dated 12 January 1969, cited the applicant for meritorious achievement in ground operations against hostile forces during the period August 1968 to November 1968 in the Republic of Vietnam.

7.  The Vietnam casualty roster shows the applicant sustained a wound as the result of hostile fire on 21 December 1968 and was hospitalized for treatment of his wound.  Records show he was medically evacuated to the Medical Holding Company, 106th General Hospital, Vietnam, on 24 December 1968.

8.  A 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 U.S. Army Human Resources Command, failed to reveal any orders for the Air Medal.

9.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against an 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, and the medical treatment must have been made a matter of official record.

10.  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.

11.  U.S. Army Vietnam Regulation 672-1 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.

12.  U.S. Army Vietnam Regulation 672-1 also provided that 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.

13.  U.S. Army Vietnam Regulation 672-1 further provided that 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.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by Department of the Army General Orders Number 59, dated 1969.

15.  Army Regulation 600-8-22 states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit, of brigade, regimental, or smaller size, during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  

16.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal and states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following two campaigns:
* 
Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the Bronze Star Medal for meritorious service not involving participation in aerial flight in connection with military operations against a hostile force in the Republic of Vietnam during the period August 1968 to November 1968.  Therefore, the applicant is entitled to correction of his DD Form 214 to show this award.

2.  The applicant's contention that his records should be corrected to show award of the Purple Heart was carefully considered and determined to have merit.  The Vietnam casualty roster shows the applicant sustained a wound as the result of hostile fire on 21 December 1968 and was hospitalized for treatment of his wound.  Therefore, the applicant is entitled to award of the Purple Heart and to have it added to his DD Form 214.

3.  The applicant's contention that his records should be corrected to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation was carefully considered and determined to have merit.  Records show the applicant served in Vietnam between August 1968 and January 1969.  Department of the Army Pamphlet 672-3 shows the applicant's unit of assignment earned the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Therefore, the applicant is entitled to have this award added to his DD Form 214.

4.  The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  The applicant's award of the Purple Heart and the Bronze Star Medal clearly establish his participation in active ground combat on 21 December 1969, while assigned to a qualifying unit of brigade, regimental, or smaller size and while serving in a qualifying MOS in the Republic of Vietnam.  Therefore, the applicant is entitled to award of the Combat Infantryman Badge and to have it added to his DD Form 214.

5.  Records show the applicant participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to two bronze service stars for wear on his already-awarded Vietnam Service Medal.

6.  The applicant's contention that his records should be corrected to show he was awarded the Air Medal was carefully considered and found to be without merit.  There are no indications in the applicant's military service records which show he was either awarded or entitled to the Air Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  ___x____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 Purple Heart for being wounded in action in Vietnam on 21 December 1969 and the Combat Infantryman Badge; and

	b.  amending his DD Form 214 by adding the Bronze Star Medal, Purple Heart, Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

2.  The Board further determined 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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20100015543



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