IN THE CASE OF:	  

		BOARD DATE:  26 April 2012

		DOCKET NUMBER:  AR20110021828 


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 award of the Purple Heart and Air Medal.

2.  He states he discovered the awards were not added to his DD Form 214 when filing for disability benefits and hospital care on 19 October 2011.

3.  He provides:

* DD Form 214
* General Orders Number 6014
* Air Medal Certificate and Citation
* Purple Heart Certificate

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 was inducted into the Army of the United States on 17 May 1968.

3.  His DA Form 20 (Enlisted Qualification Record) shows:

	a.  in item 31 (Foreign Service) that he served in the Republic of Vietnam (RVN) from 21 October 1968 to 30 August 1969;

	b.  in item 38 (Record of Assignments) that he was assigned to Company B, 1st Battalion, 8th Infantry Regiment, 4th Infantry Division, from 3 November 1968 to 1 September 1969;

	c.  in item 38 that he was assigned to the 249th General Hospital, Japan, in a patient status on 2 September 1969; and

	d.  in item 40 (Wounds) that he was wounded on his right leg by a punji stick on 24 August 1969.

4.  The applicant's name is listed on the Vietnam casualty roster as being wounded in action on 24 August 1969.

5.  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, revealed:

	a.  General Orders Number 5885 issued by Headquarters, 4th Infantry Division, dated 8 September 1969, which show he was awarded the Army Commendation Medal with 1st Oak Leaf Cluster for the period October 1968 to October 1969; and

	b.  General Orders Number 6014 issued by Headquarters, 4th Infantry Division, dated 20 September 1969, which show he was awarded the Purple Heart for wounds received by a hostile force on 24 August 1969.

6.  He submits:

	a.  a Purple Heart Certificate, dated 25 September 1969, which indicates he was awarded the Purple Heart for wounds received in action 24 August 1969;

	b.  an Air Medal Certificate, dated 27 September 1969, which indicates he was awarded the Air Medal for meritorious achievement while in the RVN for the period 25 October 1968 to 24 August 1969; and

	c.  an Air Medal Citation which indicates he was awarded the Air Medal for meritorious achievement for the period 25 October 1968 to 24 August 1969.

7.  A further review of ADCARS failed to reveal orders for the Air Medal pertaining to the applicant.

8.  On 15 May 1970, he was released from active duty and transferred to the U.S. Army Reserve (Annual Training).  He completed 1 year, 11 months, and 29 days of active service.  His DD Form 214 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), 1st Class Gunner Badge (now known as Sharpshooter Marksmanship Qualification Badge) with Machine Gun Bar (M-60), National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, RVN Campaign Medal with Device (1960), one overseas service bar, and Army Good Conduct Medal.

9.  Army Regulation 600-8-22 (Military Awards) states 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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  A review of his record indicates he is entitled to additional awards and decorations that are not shown on his DD Form 214.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the following:

	a.  RVN Gallantry Cross with Palm Unit Citation for the period October 1966 through 28 July 1969 by Department of the Army General Orders Number 3, dated 1970, and

	b.  RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 through 31 October 1969 by Department of the Army General Orders Number 53, dated 1970.

12.  Appendix B of Army Regulation 600-8-22 lists the campaigns for the Vietnam Conflict.  Based on the applicant's period of service in Vietnam, participation credit was awarded for the Vietnam Counteroffensive Phase V (1 July-1 November 1968), Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969), Tet Counteroffensive 1969 (23 February-8 June 1969), and Vietnam Summer-Fall 1969 (9 June-31 October 1969) campaigns.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Purple Heart for wounds received on 24 August 1969.  Therefore, his record should be corrected to show the award of the Purple Heart.

2.  General orders show he was awarded the Army Commendation Medal with 1st Oak Leaf Cluster.  Therefore, he is entitled to have his record corrected to show award of the Army Commendation Medal (2nd Award).

3.  General orders show his unit was awarded the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation during his tenure of assignment.  Therefore, he is entitled to correction of his records to show these unit awards.

4.  Records show the applicant participated in four campaigns during his service in the RVN.  Therefore, he is entitled to four bronze service stars for his already-awarded Vietnam Service Medal.

5.  The applicant provides an Air Medal Certificate and Citation indicating he was awarded the Air Medal.  However, there is no corroborating evidence in the applicant's official military personnel file or in ADCARS that shows he was awarded the Air Medal.  Therefore, he is not entitled to have his record corrected to show this award at this time.



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.  deleting the Vietnam Service Medal from his DD Form 214 and

	b.  adding the Purple Heart, Army Commendation Medal (2nd Award), Vietnam Service Medal with four bronze service stars, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.

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 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)                                         AR20110021828



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ABCMR Record of Proceedings (cont)                                         AR20110021828



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