IN THE CASE OF:	  

		BOARD DATE:	  8 March 2011

		DOCKET NUMBER:  AR20100021437 


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 Purple Heart and Air Medal.

2.  The applicant states the Purple Heart and Air Medal are not listed on his DD Form 214.

3.  The applicant provides:

* Personnel Qualification Record
* Individual Awards Precedence Roster
* photograph of a Purple Heart medal
* photograph of what appears to be a Soldier receiving a medal while in the hospital
* letter he wrote to his father
* 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 was inducted into the Army of the United States on 30 March 1970.  He arrived in Vietnam on 21 October 1970.  He served as a light weapons infantryman assigned to Company C, 3rd Battalion (Airborne), 503rd Infantry, 173rd Airborne Brigade, in Vietnam from 25 October 1970 to 1 August 1971.  He was credited with participation in two campaigns.  On 7 December 1971, he was honorably released from active duty in the rank of specialist four after completing 1 year, 8 months, and 8 days of creditable active service with no time lost.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the National Defense Service Medal, one overseas service bar, Vietnam Service Medal with one bronze service star, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, Combat Infantryman Badge, Parachutist Badge, and Expert Marksmanship Qualification Badge with M79 Bar as authorized awards.

4.  There are no orders for the Purple Heart in the available records.  However, a message, dated 26 January 1971, states the applicant was slightly wounded in action in Vietnam on 25 January 1971 by fragments while at a day defensive position when the area came under attack by a hostile force.  The Vietnam casualty roster confirms he was wounded on 25 January 1971.

5.  There are no orders for the Air Medal in the available records.

6.  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 United States Army Human Resources Command, failed to reveal any orders for the Air Medal or Purple Heart pertaining to the applicant.

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

8.  Orders show he received the Army Commendation Medal with First Oak Leaf Cluster.

9.  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 applicant's unit, the 3rd Battalion, 503rd Infantry, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation at the time of his assignment based on Department of the Army General Orders (DAGO) Number 5, dated 1973.

10.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

12.  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.

13.  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.

14.  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.

15.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service medal, to include the Vietnam Service Medal for each campaign participation credit.

16.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  A Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  The message which states the applicant was slightly wounded in action in Vietnam on 25 January 1971 by a hostile force and the Vietnam casualty roster entry are accepted as a sufficient basis for adding the Purple Heart to his DD Form 214.

2.  There are no orders for the Air Medal in the available records.  Therefore, there is insufficient evidence on which to base adding the Air Medal to his DD Form 214.

3.  The applicant was separated in the rank of specialist four with 20 months of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 30 March 1970 through 7 December 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  His DD Form 214 should be corrected to show this award.

4.  His DD Form 214 shows one award of the Army Commendation Medal; however, orders show he received the Army Commendation Medal with First Oak Leaf Cluster (i.e., two awards).  His DD Form 214 should be corrected to show the Army Commendation Medal (2nd Award).

5.  The applicant was credited with participation in two campaigns and is eligible to wear two bronze service stars on his Vietnam Service Medal.  His DD Form 214 shows the Vietnam Service Medal with one bronze service star and should therefore be corrected accordingly.

6.  The applicant's unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  His DD Form 214 should be corrected to show this unit award.

7.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period and is eligible for this award.  Therefore, it would be appropriate to correct his DD Form 214 to show this foreign unit award.

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 first award of the Army Good Conduct Medal for the period 30 March 1970 through 7 December 1971;

	b.  deleting the Army Commendation Medal from item 24 of his DD Form 214; 

	c.  adding the Purple Heart, Army Commendation Medal (2nd Award), Army Good Conduct Medal, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 24 of his DD Form 214; and

	d.  amending his DD Form 214 to show he is eligible to wear two bronze service stars on 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)                                         AR20100021437



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ABCMR Record of Proceedings (cont)                                         AR20100021437



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