IN THE CASE OF:	  

		BOARD DATE:	  9 August 2011

		DOCKET NUMBER:  AR20110002617 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by adding the Purple Heart (PH), the "V" Device and a second award of the Army Commendation Medal (ARCOM) and that he be awarded the Air Medal (AM).  

2.  The applicant states item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not include the PH and the "V" Device and 2nd award of the ARCOM he earned in the Republic of Vietnam (RVN).  He requests a DD Form 215 (Correction to DD Form 214) be issued that includes these earned awards.  

3.  The applicant also states he should be awarded the AM with appropriate oak leaf clusters based on the number of air assaults into hot landing zones he made.  

4.  The applicant provides PH, two ARCOM with "V" and Bronze Star Medal (BSM) orders and certificates in support of his application.   

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's record shows he was inducted into the Army on 4 February 1969, and he was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant served in the RVN from 20 October 1969 to on or about 14 October 1970.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Company C, 1st Battalion, 5th Infantry Regiment, performing duties in MOS 11B as a light weapons and automatic rifleman.  Item 41 (Awards and Decorations) shows he earned the following awards:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge (CIB)
* ARCOM
* PH
* BSM
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

4.  The applicant's Military Personnel Records Jacket (MPRJ) contains the following Headquarters, 25th Infantry Division general orders (GO) pertaining to the applicant that authorized the awards indicated for the actions and periods noted:

* GO Number 8932, dated 18 August 1970, awarded the BSM for meritorious service for the period October 1969 through October 1970
* GO Number 9091, dated 19 August 1970, awarded the PH for being wounded in action in the RVN on 28 July 1970
* GO Number 9378, dated 3 September 1970, awarded the ARCOM with "V" Device for heroism in action in the RVN on 28 July 1970

5.  The applicant's MPRJ does not contain a second ARCOM order or any documents or orders indicating the applicant was ever recommended for or awarded the AM.

6.  On 14 October 1970, the applicant was honorably released from active duty, in the rank of specialist four/E-4, after completing 1 year, 8 months, and 11 days of active military service.  The DD Form 214 he was issued at the time lists the following earned awards in item 24:

* NDSM
* VSM
* RVN Campaign Medal
* BSM 
* ARCOM 
* Army Good Conduct Medal
* CIB  

7.  Included with the awards orders and certificates provided by the applicant are copies of Headquarters, 25th Infantry Division GO Number 10521 and an ARCOM 1st Oak Leaf Cluster certificate, dated 26 October 1970.  These documents indicate the applicant was awarded the ARCOM 1st Oak Leaf Cluster with "V" Device for heroism in the RVN on 12 May 1970.  

8.  During the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Vietnam Casualty Roster.  This roster contained an entry pertaining to the applicant that confirmed he was wounded in action in the RVN on 28 July 1970.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), a web based index maintained by the Military Awards Branch (MAB) containing GOs issued during the Vietnam era.  The following orders pertaining to the applicant are filed on this system:

* Headquarters, 25th Infantry Division GO Number 10521, dated 26 October 1970, which awarded the applicant the ARCOM 1st Oak Leaf Cluster with "V" Device 
* Headquarters, 25th Infantry Division GO Number 9091, dated 19 August 1970, which awarded the applicant the PH for being wounded in action in the RVN on 28 July 1970

9.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance on the VSM.  It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN. 

10.  Table B-1 of the awards regulation contains a list of campaigns and shows that during the applicant's tenure of assignment in the RVN participation credit was granted for the following four campaigns for the periods indicated:

* Vietnam Summer-Fall 1969 (9 June-31 October 1969) 
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970) 
* Sanctuary Counteroffensive (1May-30 June 1970) 
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)

11.  Paragraph 3-16 of Army Regulation 600-8-22 provides guidance on award of the AM.  It states it 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.

12.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  It stated 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.  USARV Regulation 672-1 further indicated combat missions were divided into the following three categories:

	a.  Category 1, 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.  

	b.  Category II, defined as being characterized by support rendered a friendly force immediately before, during, or immediately following a combat operation.

	c.  Category III, defined as being 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.  The USARV awards regulation stated that in order 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.  Flight records were maintained to documents combat missions completed.  

15.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) assists commanders in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's tenure of assignment in the RVN, his unit, 1st Battalion, 5th Infantry Regiment, was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970 in DAGO Number 48, issued in 1971; and was awarded the RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 through 21 January 1970 in DAGO 9, as amended in DAGO 51, issued in 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to add the PH and ARCOM 1st Oak Leaf Cluster (2nd Award) with "V" Device to the list of awards listed on his DD Form 214 has been carefully considered and found to have merit.  

2.  The evidence of record contains orders issued by the 25th Infantry Division that confirm the applicant was awarded the PH for being wounded in action in the RVN on 28 July 1970, and that he was twice awarded the ARCOM with "V" Device for heroism in action in the RVN on 12 May and again on 28 July 1970.  As a result, it would be appropriate to add these awards to his DD Form 214.  

3.  The evidence of record also confirms that based on his RVN service and campaign participation, the applicant is eligible for the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and 4 bronze service stars with his VSM.  It also shows he earned the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, which was not included in the list of awards on his DD Form 214.  Therefore, it would also be appropriate to add these awards to his record and DD Form 214.  

4.  The applicant's request to be awarded the AM has also been carefully considered.  However, by regulation the AM must be formally recommended and processed through the chain of command, approved by the proper authority, and announced in official orders.  The applicant's record is void of any documents or orders indicating he was ever recommended for or awarded the AM by proper authority during his active duty tenure.

5.  Further, there are no flight records or unit reports available in the record or provided by the applicant that provide confirmation that he participated in sufficient Category I, II, or III flight mission in the RVN to qualify for the AM.  As a result, there is an insufficient evidentiary basis to support granting this portion of the requested relief. 

6.  The applicant and all others concerned should know that this action related to award of the AM in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  

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 amending item 24 of his DD Form 214 by:

	a.  deleting the current VSM and ARCOM entries and 

	b.  adding the Vietnam Service Medal with 4 bronze service stars, Army Commendation Medal 1st Leaf Cluster (2nd Award) and with "V" Device, Purple Heart, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and 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 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)                                         AR20110002617



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ABCMR Record of Proceedings (cont)                                         AR20110002617



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