IN THE CASE OF:	  

		BOARD DATE:	  23 November 2010

		DOCKET NUMBER:  AR20100015554 


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 Purple Heart, Bronze Star Medal, and Air Medal.

2.  The applicant states the Department of Veterans Affairs (VA) granted him service-connected disability compensation for a scar on the forehead due to a shrapnel wound based on his military service treatment records that show he was injured by a grenade explosion in April 1971 in Vietnam.  The grenade explosion was caused by an enemy sapper who had infiltrated friendly lines at night and tossed a grenade at the bunk area.  He was evacuated and treated, but he does not know how the incident was reported.  He also recalls having received a Bronze Star Medal and an Air Medal.  He has no documentation of either and does not remember the circumstances nor can he find the written citations in his belongings.

3.  The applicant provides:

* VA rating decisions, dated 8 April 2010 and 20 July 2010
* copy of a letter to his friend, dated 24 April 1971

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 was inducted into the Army of the United States on 28 July 1970 and held military occupational specialty 11C (Infantry Indirect Fire Crewmember).

3.  Headquarters, U.S. Army Training Center, Fort Dix, NJ, Special Orders Number 265, dated 22 September 1970, awarded him the Expert Marksmanship Qualification Badge with Grenade Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  His records show he served in Vietnam from 7 January 1971 to 17 December 1971.  He was assigned as follows:

* Company C, 2nd Battalion, 7th Cavalry, from 11 January 1971 to 15 March 1971
* Headquarters and Headquarters Company, 1st Battalion, 7th Cavalry, from 16 March 1971 to 20 March 1971
* Company D, 1st Battalion, 7th Cavalry, from 21 March 1971 to 1 August 1971
* Headquarters and Headquarters Company, 1st Battalion, 7th Cavalry, from 1 August 1971 to 17 December 1971

5.  Headquarters, 3rd Brigade, 1st Cavalry Division, General Orders Number 2439, dated 8 December 1971, awarded him the Bronze Star Medal for meritorious service from January 1971 to December 1971.

6.  He was honorably released from active duty on 17 December 1971 in the rank/grade of specialist four (SP4)/E-4 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.

7.  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 with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and Combat Infantryman Badge.

8.  His records do not contain official orders awarding him the Air Medal.
 
9.  There are no official orders in his records that show he was awarded the Purple Heart and his name is not shown on the Vietnam casualty roster.

10.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show a combat wound.

11.  Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart or the Air Medal.

12.  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 for the Purple Heart or Air Medal.

13.  His medical records are not available for review with this case.

14.  He provides:

	a.  a VA rating decision, dated 8 April 2010, awarding him service-connected disability compensation for various conditions;

	b.  a VA rating decision, dated 20 July 2010, also awarding him service-connected disability compensation for various conditions.  The decision contains the statement, "The records of evidence show you were hit by shrapnel in the service.  This injury is clearly documented"; and

	c.  a letter to his friend, dated 24 April 1971, describing his injury in Vietnam subsequent to a grenade explosion.

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


	b.  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 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.

17.  A review of his service record does not show any derogatory information in the form of nonjudicial punishment, lost time, or a record of a court-martial that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.

18.  A review of his records indicates his entitlement to additional awards which are not indicated on his DD Form 214.

19.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.

20.  Department of the Army General Orders Number 54, dated 1974, awarded the 1st Battalion, 7th Cavalry, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 17 September 1965 to 30 June 1972.

21.  Appendix B of Army Regulation 600-8-22 shows his unit of assignment in Vietnam received campaign participation credit for the Vietnam Counteroffensive Phase VII (1 July 1970 to 30 June 1971), Consolidation I (1 July 1971 to 30 November 1971), and Consolidation II (1 December 1971 to 29 March 1972) campaigns during his service in Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Bronze Star Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records; therefore, he is entitled to correction of his records to show this unit award.

3.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in three campaigns while serving in the Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  Special orders awarded him the Expert Marksmanship Qualification Badge with Grenade Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.

5.  The evidence of record shows he served honorably during the period 28 July 1970 through 17 December 1971.  He served attained the rank/grade of     SP4/E-4, received "excellent" conduct and efficiency ratings throughout his military service, and his record is void of any derogatory information.  It would therefore be appropriate to award him the first award of the Army Good Conduct Medal and correct his records to show this award.

6.  With respect to the Air Medal, there are no general orders that show he was awarded the Air Medal.  The governing Army regulation states that for personal decorations (which includes the Air Medal), formal recommendation, approval through the chain of command, and announcement in orders are required.

7.  In the absence of orders or other independent evidence that would confirm 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 in this case.  

8.  With respect to the Purple Heart, the criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

9.  His record is void of any orders that show he was awarded the Purple Heart, his name is not shown on the Vietnam casualty roster, his DA Form 20 does not indicate any combat wounds, his available medical records do not indicate he was wounded and/or injured as a result of hostile action, and he did not submit any evidence supporting award of the Purple Heart.

10.  Notwithstanding his sincerity or the letter he sent to his friend in 1971 and the VA service-connected disability compensation, in the absence of additional documentary evidence such as witness statements, operation orders, morning reports, after action reports, official orders awarding him the Purple Heart, or 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 award him the Purple Heart in this case.

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 Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 28 July 1970 through 17 December 1971; and

	b.  adding to his DD Form 214 the Bronze Star Medal, Army Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Grenade Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and three 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 the Purple Heart and 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)                                         AR20100015554



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ABCMR Record of Proceedings (cont)                                         AR20100015554



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