BOARD DATE:	  23 October 2012

		DOCKET NUMBER:  AR20120008074 


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, in effect, award of the Silver Star and the Purple Heart.  He further requests correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 7 August 1978 to show award of the Air Medal (2nd Award) and the Combat Medical Badge.

2.  The applicant states he did not receive the Purple Heart for his shrapnel wounds.  He was a medic and a field medical card was not filled out because he was treated in the field and returned to duty.  He also did not receive the Silver Star that was recommended by his platoon sergeant.  Lastly, his Combat Medical Badge and Air Medal (2nd Award) are not listed on his DD Form 214.

3.  The applicant provides:

* A self-authored military history
* DD Form 214, effective 7 August 1978
* DA Form 1577 (Authorization for Issuance of Awards)
* Special Orders Number 82, dated 23 March 1971

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 19 November 1969 for a period of 3 years.  He completed training and he was awarded military occupational specialty 91A (Medical Corpsman).  On 29 October 1970, he was honorably discharged for the purpose of immediate reenlistment.  He completed 11 months and 11 days of total active service.  The DD Form 214 he was issued at the time shows award of the National Defense Service Medal.

3.  He reenlisted on 30 October 1970 and he served in Vietnam from 4 January 1971 through 16 December 1971 with Headquarters and Headquarters Company, 1st Battalion, 12th Cavalry, 1st Air Cavalry Division (Airmobile).

4.  Special Orders Number 82, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 23 March 1971, awarded him the Combat Medical Badge, effective 16 March 1971.

5.  He was honorably discharged on 8 August 1974 for the purpose of immediate reenlistment.  The DD Form 214 he was issued at the time shows award of the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Bronze Star Medal
* Combat Medical Badge

6.  On 9 August 1974, he reenlisted.  On 7 August 1978, he was honorably discharged.  His DD Form 214 for his final period of active duty shows award of the:

* Expert Marksmanship Qualification Badge with Rifle Bar
* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* "Medical Badge"
* Bronze Star Medal
* Air Medal
* Overseas Service Bars (2)
* Army Commendation Medal
* Army Good Conduct Medal (2nd Award)

7.  There is no evidence in the available record and he did not provide any evidence that shows he sustained any injuries or was treated for wounds sustained as a result of hostile enemy action.  Additionally, his name does not appear on the Vietnam casualty listing and item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.

8.  There is no evidence of record and the applicant did not provide any evidence that shows he was recommended for or awarded the Silver Star, Purple Heart, or any additional Air Medals.

9.  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 any orders for the Silver Star, Purple Heart, or a second award of the Air Medal pertaining to the applicant.

10.  The applicant provides a self-authored letter recounting the events that led to his injury.  He contends he served as a combat medic with the 1st Battalion,
12th Cavalry, 1st Calvary Division in Vietnam from January 1971 through December 1971.  During this period he received shrapnel wounds to his left hand and back from rocket-propelled grenade (RPG) rounds during a firefight.  He states he was a medic and he was treated and returned to duty in the field; however, a field medical card was not completed and there is no medical record of his injuries.  Further, he contends he completed "mini-cavs" in which he made combat assaults via helicopter in one day.  These combat assaults were supposed to count toward Air Medals for each 25 landing/combat assaults via helicopter.

11.  A review of his military record shows he is entitled to additional awards.

12.  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 1st Battalion, 12th Calvary, was cited for award of the:


* Valorous Unit Award for the period 23 September through 25 October 1971 by Department of the Army General Orders (DAGO) Number 5, dated 1985
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 September 1965 through 30 June 1972 by DAGO 54, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 1 February 1970 by DAGO Number 42, dated 1972

13.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The Purple Heart is awarded to members wounded in action.  It also states that in order to be awarded the Purple Heart there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical personnel, and a record of the medical treatment was made a matter of official record.

	c.  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.

14.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It further states to list awards and decorations for all periods of service in priority sequence as specified in Army Regulation 600-8-22.


15.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Silver Star, Purple Heart, and Air Medal (2nd Award).  He further request these awards and the Combat Medical Badge be added to his DD Form 214.

2.  Special orders awarded him the Combat Medical Badge effective 16 March 1971 and his final DD Form 214 for the period ending 7 August 1978 reflects the entry "MEDICAL BADGE" that refers to the Combat Medical Badge.  Therefore, it would be appropriate to clarify this award on his DD Form 214 by correcting the current entry to reflect the "Combat Medical Badge."

3.  General orders awarded his unit in Vietnam the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citations and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 for the period ending 7 August 1978 should be corrected to show these unit awards.

4.  The applicant's military personnel record and ADCARS do not contain orders awarding him the Silver Star.  There is no evidence of record that shows he was recommended for or awarded the Silver Star by higher authority.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.


5.  In order to support award of the Purple Heart, there must be evidence the wound for which the award is being made was received as a result of enemy action; that it required treatment by medical personnel; and a record of the medical treatment must have been made a matter of official record.

6.  His record is void of any entries or documents corroborating his claim that he was wounded in action in Vietnam or that show he was ever treated for a combat-related wound by medical personnel while serving in the Vietnam.  
Item 40 of his DA Form 20 is blank which indicates he was not wounded in action.

7.  Furthermore, there is no entry on the Vietnam casualty listing, the official DA list of Vietnam casualties.  Absent any evidence of record corroborating his claim that he was wounded in action in Vietnam, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.

8.  By regulation, the Air Medal 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 a second Air Medal by proper authority during his active duty tenure and there are no orders contained in ADCARS awarding him a second Air Medal.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

9.  While the available evidence is insufficient for awarding him the Silver Star and the second award of the Air Medal, this in no way affects his right to pursue his claim for the these awards by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

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 from his DD Form 214 for the period ending 7 August 1978 the "MEDICAL BADGE," and

	b.  adding to his DD Form 214 for the period ending 7 August 1978 the:

* Combat Medical Badge
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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 awarding him the Silver Star, Purple Heart, and a second Air Medal and adding these awards to his DD Form 214 for the period ending 7 August 1978.



      _________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)                                         AR20120008074



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ABCMR Record of Proceedings (cont)                                         AR20120008074



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