IN THE CASE OF:	  

		BOARD DATE:	  13 April 2011

		DOCKET NUMBER:  AR20100021708 


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:

	a)  the issuance of a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that shows all of the decorations, medals, badges, commendations, citations, and campaign ribbons awarded or authorized while on active duty in the Army of the U.S.;

	b)  the issuance of all decorations, badges and medals with ribbons awarded or authorized for his service in the Massachusetts Army National Guard (MAARNG) from 24 February 1973 to 25 September 1980;

	c)  the issuance of all decorations, badges and medals with ribbons awarded or authorized for his service in the U.S. Army Reserve (USAR);

	d)  correction of his DD Form 214 to show the effective date of his release from active duty (REFRAD) as 27 July 1969; and

	e)  correction of his DA Form 2-1 (Personnel Qualification Record) to show the Purple Heart and the Air Medal.

2.  The applicant states his DD Form 214 and his DA Form 2-1 (Personnel Qualification Record) are incomplete and inaccurate.  



3.  The applicant provides: 

* Standard Form 180 (Request Pertaining to Military Records)
* DD Form 214
* self- authored letter to the Army Review Board Agency, dated 13 August 2010

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 U.S. on 2 August 1967.  He completed training as an infantry indirect fire crewman.

3.  He was honorably REFRAD on 26 July 1969 and transferred to the USAR Control Group (Annual Training).  The DD Form 214 he received shows the date of his REFRAD as 26 July 1969 and the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Parachutist Badge
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Two Overseas Service Bars
* 2nd Class Gunner Marksmanship qualification Badge with Machinegun Bar
* Sharpshooter marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  The applicant was released from the USAR in February 1973.

5.  On 24 February 1973, the applicant enlisted in the Massachusetts Army National Guard (MAARNG).  He accepted a commission as a second lieutenant in the MAARNG on 9 April 1974.  He was awarded a mechanized infantry officer military occupational specialty.

6.  On 25 September 1980, the applicant was separated from the MAARNG and was transferred to the USAR Control Group (Reinforcement).  He was honorably discharged from the USAR effective 23 October 1995.

7.  The applicant's DA Form 2-1 does not show he was awarded the Purple Heart and the Air Medal.  A review of the available records does not show that he completed 25 hours of flight time while he was in the Army.  His records also do not show that he was wounded in action while he was in Vietnam.

8.  The applicant's name is not shown on the Vietnam Casualty Listing.

9.  The applicant submitted an application to the ABCMR dated 23 December 2008, requesting the Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Presidential Unit Citation.  He was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) on 13 November 2009 showing these awards.

10.  On 25 August 2009, the ABCMR recommended that the applicant's records be corrected to show he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

11.  The applicant submits a self-authored letter to the Army Review Boards Agency stating he never received the Air Medal after surpassing 25 hours of flight time and he never received the Purple Heart after receiving multiple wounds on three separate occasions during his tour in Vietnam.  He states he is receiving disability compensation for his wounds and for post traumatic stress disorder.  In the letter, the applicant states:

* he was rendered unconscious when mortar fell across his face causing a severely deviated spectrum (first injury)
* he received shrapnel to his face and right arm (second injury)
* he suffers from nerve damage to his right arm
* he received shrapnel to his left testicle causing testicular trauma (third injury)



12.  Army Regulation 600-8-22 (Military Awards) states 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 treatment by medical personnel, and the medical treatment must have been made a matter of official record.

13.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  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.  

14.  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.

15.  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 times and adjust it to a common denominator.

16.  Army Regulation 635-5 (Separation Documents), provides that the DD Form 214 is a summary of a Soldier's most recent period [emphasis added] of continuous active duty.  It provides a brief, clear-cut record of active duty service [emphasis added] at the time of REFRQD, retirement, or discharge.  Paragraph 2-7, then in effect, provides that once a DD Form 214 has been issued, it will not be reissued except when:  

* directed by proper appellate authority, Executive Order, or by the Secretary of the Army
* it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 or if the correction would require issuance of more than two DD Forms 215
* two DD Forms 215 have been issued and an additional correction is required

17.  The ABCMR does not issue awards.  If the applicant desires to be issued awards and decorations he was authorized for his service in the MAARNG and the USAR, he should submit a request to the Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  Based upon the above, the issue of awards will not be discussed further in this proceedings.

18.  A DA Form 2-1 provides a record of individual personnel management qualifications such as grade, skills, physical limitations, and assignment history and is used primarily by personnel managers at unit level to support the Army’s personnel life-cycle function of sustainment.  The applicant was discharged on 23 October 1995.  As such, his DA Form 2-1 is no longer active or accessible; therefore, no further action is appropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting documents have been considered.  However, there is no evidence in the available records showing the applicant was wounded in action while he was in Vietnam.  His name in not shown on the Vietnam Casualty Listing; therefore, he should not be awarded the Purple Heart. 

2.  There is no evidence in his record showing he met the criteria contained in the applicable regulation for award of the Air Medal.  The applicant should not be awarded the Air Medal.

3.  He was issued a DD Form 215 showing all the additional awards he was authorized while he was on active duty.  The DD Form 215 he was issued corrected his DD Form 214.  Therefore, he is not authorized a new DD Form 214.

4.  The available records show that the applicant was REFRAD on 26 July 1969 and he has provided no evidence to support his contention that he was REFRAD on 27 July 1969.


5.  The applicant was discharged on 23 October 1995.  His DA Form 2-1 is no longer active or accessible; therefore, no further action is appropriate.

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)                                         AR20100021708



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ABCMR Record of Proceedings (cont)                                         AR20100021708



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