IN THE CASE OF:

		BOARD DATE:  13 March 2012

		DOCKET NUMBER:  AR20110018327


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 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show these and all other awards that he is entitled to for his service in the Army.

2.  The applicant states that when his lower back was injured in September 1965 the physician told him he was putting him in for a Purple Heart.  Additionally, he attained 500 plus hours of air time when he was in Vietnam.

3.  The applicant provided a copy of 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 Regular Army on 3 August 1964.  He completed training and was awarded military occupational specialty (MOS) 67C (Light Cargo Airplane Mechanic).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows:

	a.  in item 38 (Record of Assignments) that he was assigned in Vietnam to the 18th Aviation Company from 24 March 1965 through 11 March 1966.  He received all "excellent" conduct and efficiency ratings,

	b.  item 40 (Wounds) is blank; and

	c.  in item 41 (Awards and Decorations) that he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Aircraft Crewmember Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 11 August 1967 as a specialist five/E5.  He had completed 3 years of total active service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the 
National Defense Service Medal, Aircraft Crewmember Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Marksman Marksmanship Qualification Badge with Rifle Bar.

6.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  

7.  A 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 U.S. Army Human Resources Command, failed to reveal Purple Heart or Air Medal orders pertaining to the applicant.

8.  His medical records are not available.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name.

9.  His records contain orders authorizing him to start, warm up, run, test, taxi, or otherwise operate the U-1A aircraft on the ground as part of his duties. Subsequently he received orders authorizing flight pay and requiring him to perform regular and frequent aerial flights as a crewmember.  This entitled him to the Aircraft Crewmember Badge.  

10.  There is no available record of his flight time.

11.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  A wound is defined as an injury to any part of the body from an outside force or agent sustained under hostile action.  A physical lesion is not required; however, the wound for which the award is made must have required treatment by medical personnel and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  Substantiating evidence must be provided to verify the wound was the result of hostile action.

	b.  The Air Medal 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.

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.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.
14.  Army Regulation 600-8-22 contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for 
each Vietnam campaign.  During his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Defense Campaign                   8 March - 24 December 1965
* Vietnam Counteroffensive                     25 December 1965 - 30 June 1966

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the 18th Aviation Company was cited for award of the:

	a.  Meritorious Unit Commendation for the period October 1964 to December 1965 by Department of the Army General Orders (DAGO) Number 40, dated 1966, as amended by DAGO Number 3, dated 1967; and

	b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1966 to 26 March 1967 by DAGO Number 22, dated 1968.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence clearly shows he distinguished himself in the performance of his military service as evidenced by his advancement to pay grade E-5 and his exclusively excellent conduct and efficiency ratings.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  It is presumed that his not receiving the first award of the Army Good Conduct Medal for his service was an administrative oversight.  Therefore, he should be awarded the first award of the Army Good Conduct Medal.

2.  Records show the applicant participated in two campaign periods during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal.

3.  During the applicant's assignment to his unit in Vietnam it was cited for awards of the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  His DD Form 214 should be corrected to show these awards.

5.  ADCARS does not contain orders for either the Purple Heart or Air Medal pertaining to the applicant.  The Vietnam casualty listing does not contain the applicant's name. 

6.  There is no substantiating evidence to verify the applicant was wounded in action against an enemy or as a result of hostile action.

7.  Unfortunately, there are no available flight records that might show he achieved the flight hour requirement for award of the Air Medal.

8.  In view of the foregoing findings and conclusions, it would be appropriate to rectify this injustice by correcting the applicant’s records as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X __  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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.  awarding him the Army Good Conduct Medal (1st Award) for the period 
12 August 1964 through 11 August 1967; and

	b.  adding the following awards to item 24 of his DD Form 214:

* Army Good Conduct Medal (1st Award)
* two bronze service stars for wear on the Vietnam Service Medal
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



2.  The Board further determined 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 awarding the applicant the Purple Heart and the Air Medal and adding these awards to his DD Form 214.



      _______ _   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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20110018327



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