IN THE CASE OF:	  

		BOARD DATE:	  13 April 2011

		DOCKET NUMBER:  AR20100021861 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he is authorized the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Purple Heart. 

2.  The applicant states the awards were deleted from his (DD Form 214).

3.  The applicant provides an SF-180 (Request Pertaining to Military Records) and his 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 enlisted in the Army on 23 January 1964.  He completed training as an airframe repairman.

3.  He arrived in Vietnam on 20 June 1965 and was assigned to 571st Transportation Detachment, 145th Aviation Battalion.  He participated in the following two campaigns:

* Vietnam Defense Campaign, which extended from 8 March through 24 December 1965
* Vietnamese Counteroffensive Campaign, which extended from 25 December 1965 through 30 June 1966

4.  On 7 December 1965, General Orders 612 were published awarding the unit to which the applicant was assigned the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  The applicant departed Vietnam en-route to the U.S. on 23 June 1966.

6.  Headquarters United States Army Vietnam General Orders Number 4315 were published on 30 June 1966, awarding the applicant the Air Medal (Fourth Oak Leaf Cluster).

7.  The applicant was released from active duty on 22 January 1967.  The 
DD Form 214 he received shows the following awards:

* Armed Forces Expeditionary Medal – Vietnam
* National Defense Service Medal
* Aircraft Crewman Badge
* Air Medal with two Oak Leaf Clusters

8.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he qualified for the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  His DA Form 20 also shows he had excellent conduct and efficiency ratings while he was in the Army.  There is no evidence in his records of any court-martial convictions, unfavorable personnel actions, or statements that would justify his disqualification for award of the Army Good Conduct Medal.

9.  The applicant's records do not show he was wounded as a result of hostile action while he was in the Army.  His name is not shown on the Vietnam Casualty Listing.



10.  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 United States Army Human Resources Command fails to reveal any orders awarding him the Purple Heart.

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

	b.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Service members who earned the Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 and 3 July 1965 may elect to receive the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal.  However, no service member may be issued both medals for service in Vietnam.

	c.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

	d.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting documents have been considered.

2.  There is no evidence in the available records showing he was awarded the Purple Heart or met the required qualifications for the Purple Heart.  Therefore, his DD Form should not be corrected to show this award.

3.  The available records show that he is authorized the Army Good Conduct Medal (First Award) and his DD Form 214 should be amended to show the following awards:

* Air Medal (Fourth Oak Leaf Cluster)
* Army Good Conduct Medal (First Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 awarding him the Good Conduct Medal for the period 23 January 1964 through 22 January 1967 and amending his DD Form 214 as follows:

	a)  delete the Armed Forces Expeditionary Medal

	b)  delete the Air Medal with two Oak Leaf Clusters; and

	c)  add the awards listed below.

* Air Medal (Fourth Oak Leaf Cluster)
* Army Good Conduct Medal (First Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

2.  The Board further determined that 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 amending his DD Form 214 to show he was awarded the Purple Heart.




      _______ _   _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)                                         AR20100021861



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ABCMR Record of Proceedings (cont)                                         AR20100021861



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