BOARD DATE:	  2 June 2011

		DOCKET NUMBER:  AR20100026935 


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 following:

* Army Good Conduct Medal (AGCM)
* Presidential Unit Citation
* Meritorious Unit Commendation
* Armed Forces Expeditionary Unit (correctly known as the Armed Forces Expeditionary Medal (AFEM))
* Vietnam Jump Wings (correctly known as the Republic of Vietnam Parachutist Badge)
* Purple Heart
* Air Medal (AM)

2.  He states he was told to sew the jump wings on his uniform in 1965.  Additionally, he maintains that he sustained an injury to his knee, but was not sure if his injury qualified him for the award of the Purple Heart.

3.  He provides the following:

* DD Form 214
* General Orders Number 80, dated 17 April 1967
* Unit Orders Number 26, dated 4 May 1967 



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.  Records show the applicant enlisted in the Regular Army on 4 May 1964.  He served in Okinawa from 16 November 1964 to 4 May 1965 and in Vietnam from
5 May 1965 to 26 April 1966.  He was honorably released from active duty on 
3 May 1967.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following:  

* Parachutist Badge
* Combat Infantryman Badge
* Vietnam Service Medal (VSM)
* Vietnam Campaign Medal with Device (1960)
* National Defense Service Medal

4.  General Orders Number 80, dated 17 April 1967, show he was awarded the AGCM for the period of service from 4 May 1964 through 3 May 1967.

5.  His DA Form 20 (Enlisted Qualification Record) shows the following:

   a.  Item 38 (Record of Assignments) shows from 18 November 1964 to
24 July 1965, he was assigned to Headquarters and Headquarters Company (HHC), 1st Battalion, 503rd Infantry.  Additionally, from 25 July 1965 to 22 April 1966 he was assigned to HHC, 173rd Airborne Brigade.

	b.  Item 40 (Wounds) shows no entries for any wounds received.

	c.  Item 41 (Awards and Decorations) shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) by Special Orders Number 137, dated 19 June 1964.

6.  There is no documentation, evidence, and/or general orders in his available records which:

* show he sustained wounds or was treated for wounds incurred as a result of hostile action
* awarded him the Purple Heart, and his name is not listed on the Vietnam casualty roster
* awarded him the Republic of Vietnam Parachutist Badge
* awarded him the AM

7.  The Awards and Decorations Computer Assisted Retrieval System (ADCARS), a web-based index containing U.S. Army general orders issued between 1965 and 1973 for the Vietnam era, does not contain orders awarding him the AM or the Purple Heart.

8.  The Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units which served in the Vietnam War.  This document shows that the 1st Battalion, 503rd Infantry, to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders (DAGO) Number 48, dated 1968 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO 51, dated 1971.  However, there is no indication that either the 503rd Infantry or the 173rd Airborne Brigade was awarded the Presidential Unit Citation while he was assigned.  

9.  Unit citations are awarded to units, not individuals.  Therefore, while a Soldier might be assigned to a unit when the unit was awarded a citation, the citation is reflected on the Soldier's separation document; however, no orders or certificates for a unit award will be issued.

10.  Army Regulation 600-8-22 (Military Awards) states the AFEM is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  It states individuals qualified for the AFEM for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request, the Vietnam Service Medal may be awarded in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the AFEM be removed from the records of the individual. No person will be entitled to both awards for Vietnam service.

11.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for a wound sustained 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 a medical officer, and the medical treatment must have been made a matter of official record.

12.  Army Regulation 600-8-22 states commanders serving in the rank of brigadier general or higher and colonel-level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in appendix D of this regulation.  Foreign qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award.  Only those badges which are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Badges which do not meet these criteria may be authorized for acceptance, but not for wear, and will not be entered in the official military records of the recipient.

13.  Army Regulation 600-8-22 provides that the AM 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.

14.  Appendix B of Army Regulation 600-8-22 shows participation credit was awarded for two campaigns during his tour of duty in Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the VSM for participation in each campaign.

15.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR.  Paragraph 2-9 contains guidance on the burden of proof.  It states the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct.  The ABCMR is not an investigative body and decides cases based on the evidence presented in the military records provided and the independent evidence submitted with the application.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

16.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for the timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

17.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  U.S. Army Human Resources Command, ATTN:  
AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The applicant's unit must be clearly identified along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  Orders verify that the applicant is entitled to correction of his records to show award of the AGCM.

2.  Evidence of record shows he is entitled to wear of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  However, there is no evidence to show that he is entitled to wear the Presidential Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.  The evidence of record shows he met the requirements for either the award of the AFEM or the VSM.  As stated in the regulation, no person will be entitled to both awards for Vietnam service.  His records show he was awarded the VSM; therefore, he is not eligible for the AFEM.

4.  There is no evidence and he has not provided any to show that he is entitled to the Republic of Vietnam Parachutist Badge.  In the absence of orders awarding him this award, there is an insufficient basis to approve his request.

5.  There are no general orders available which awarded the applicant the Purple Heart.  There are no medical records available which show he was wounded or treated for wounds as a result of hostile action during his service in Vietnam.  In the absence of medical records supporting his contention, there is an insufficient basis for award of the Purple Heart in this case.

6.  His military personnel record and ADCARS do not contain orders awarding him the AM.  There is no evidence that shows he was recommended for or awarded the AM by higher authority.  Therefore, there is insufficient evidence to award him the AM or to add this award to his DD Form 214.

7.  While the available evidence is insufficient for awarding him the AM, this in no way affects his right to pursue his claim for the AM by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

8.  The evidence of record shows he is entitled to correction of his record to show he qualified as sharpshooter with the M-14 rifle. 

9.  Additionally, the evidence shows he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show two bronze service stars for wear on his already-awarded VSM.

 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:  

   a.  deleting the VSM from item 24 of his DD Form 214 and

	b.  adding the AGCM, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the VSM with two service stars to item 24 of his DD Form 214.

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 the following:  

* Presidential Unit Citation
* AFEM
* Republic of Vietnam Parachutist Badge
* Purple Heart
* 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)                                         AR20100026935





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ABCMR Record of Proceedings (cont)                                         AR20100026935



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