IN THE CASE OF:	  

		BOARD DATE:	  2 June 2011

		DOCKET NUMBER:  AR20100027537 


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 award of the Purple Heart and Air Medal awards numerals 5 through 16. 

2.  The applicant states he was wounded near the Central Highlands in South Vietnam when the helicopter he was flying in as an aerial observer came under indirect fire from enemy forces.  He states he felt a round hit him and he sought medical attention at Camp Enari.  He received a "SMALL WOUND WITH REDDENING IN THE AREA (back of leg or buttocks area) . . . HE CLEANED ME UP, PUT SOME MEDICATION AND A BANDAGE ON IT."  Later he developed an infection and sought medical attention from a doctor.  

3.  An officer in the division told him he would be recommended for award of the Purple Heart.  He states he did receive a Bronze Star Medal and the Air Medal (4th Award) but was told the Purple Heart recommendation was still being processed.  In addition, he was told there was no verification of the incident by the commanding officer.  Based on the lack of filing of the appropriate paperwork by this commanding officer, he did not receive the Purple Heart before he left the Republic of Vietnam.  Therefore, it should be awarded to him now.

4.  He received the Air Medal (4th Award) while in the Republic of Vietnam for the period 11 December 1967 to 17 April 1968.  However, he continued to fly aerial missions from 17 April 1968 through 12 July 1968.  He states he should have received more oak leaf clusters numbered 5 to 16.  He states: 

when I first became an aerial observer in 1967, 25 aerial missions equaled one oak leaf (cluster).  Basically, each day was one mission, so 25 days equaled one oak leaf . . . the process changed and instead of each day being a mission, every assignment during the day became a separate mission. 

5.  The applicant states that three months of his aerial observer missions are unaccounted for based on poor documentation and administration in accordance with its new criteria.  He concludes by stating "POSSIBLY THIS AWARD WAS RELEGATED TO THE BRONZE STAR MEDAL FOR MERITORIOUS SERVICE."

6.  The applicant provides these documents in support of his application:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with a separation date of 18 July 1966
* DD Form 214 with a separation date of 14 July 1968
* DA Form 1577 (Authorization for Issuance of Awards), dated 5 June 1984
* Air Medal award certificate, dated 6 July 1968
* colored photograph

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.  With prior enlisted service in the Army of the United States as an inductee, the applicant was commissioned in the U.S. Army Reserve and reentered active duty on 19 July 1966.  He completed his officer training and he was awarded specialty 1193 (Field Artilleryman).  The highest rank/grade he attained was first lieutenant (1LT)/O-1.

3.  The applicant served in the Republic of Vietnam from 12 July 1967 to 9 July 1968 as an aerial observer with Headquarters and Headquarters Battery, 4th Infantry Division Artillery.

4.  The applicant's service personnel records do not contain general orders awarding him the Purple Heart.  His record does show General Orders Number 3046 issued on 6 July 1968 by Headquarters, 4th Infantry Division awarded him the Air Medal (First Through Fourth Oak Leaf Cluster) for the period 11 December 1967 to 17 April 1968.

5.  His military medical records are not available for the Board's review and his military personnel record does not contain his aerial flight records. 

6.  The applicant was honorably released from active duty on 14 July 1968 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining military service obligation.  He was issued a DD Form 214 that shows he completed 2 years, 10 months, and 21 days of total active service with 11 months and 28 days of foreign service. 

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 with a separation date of 18 July 1966 shows the: 

* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* National Defense Service Medal

8.  Item 24 of his DD Form 214 with a separation date of 14 July 1968 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Aircraft Crewman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal
* Air Medal (4th Oak Leaf Cluster)
* two service stars
* two overseas service bar

9.  The applicant's name is not listed on the Vietnam casualty roster.

10.  In support of his application, the applicant provided a copy of an Air Medal certificate that shows he received this award with four oak leaf clusters on 6 July 1968 for the period 11 December to 17 April 1968.  He also provided a photograph of himself in jungle fatigues with Vietnamese soldiers. 
11.  References:

	a.  Army Regulation 672-5-1 (Military Awards), then in effect, provided that the Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services has been wounded, killed, or who has died as a result of 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.

	b.  U.S Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal for sustained operations.  Appendix IV of the regulation required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status would be submitted on USARV Form 157-R.  The recommendation for award must also have stated that the individual “met the required number of missions and hours for award of the Air Medal”; that “the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident”; and that the “individual’s accomplishments and service throughout the period have reflected meritorious performance, with no instance of nonprofessionalism, mediocrity, or failure to display an aggressive spirit.”

	c.  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.

	d.  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.

	e.  Army Regulation 600-8-22 (Military Awards) states Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's name is not listed on the Vietnam casualty roster and his complete military medical records are not available for review.  With no published orders awarding him the Purple Heart or medical records showing his injury resulted from hostile or enemy action, there is insufficient evidence upon which to base award of the Purple Heart.

2.  The applicant's record contains orders awarding him the Air Medal (4th Oak Leaf Cluster) which was awarded to him prior to his departure from the Republic of Vietnam.  His record does not contain an award recommendation for additional awards of the Air Medal or any flight records that would support awarding him additional Air Medals.  Therefore, there is insufficient evidence upon which to base additional awards of the Air Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our 


Nation.  The applicant and all Americans should be justifiably proud of his service in arms. 



      _______ _   _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)                                         AR20100027537



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ABCMR Record of Proceedings (cont)                                         AR20100027537



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