BOARD DATE:	  8 January 2013

		DOCKET NUMBER:  AR20120011585 


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 he be issued a Purple Heart Certificate for his wounds on 25 May 1968.  He also requests award of the Air Medal and an award for participation in the TET Offensive. 

2.  The applicant states he received the Purple Heart Certificate for his wounds of 28 June 1968 but does not have a certificate for his wounds of 25 May 1968.  He also states that he desires award of the Air Medal and an award for his participation in the TET Offensive.

3.  The applicant provides a copy of his Record of Proceedings (AR20110015849) dated 22 February 2012, a copy of his Purple Heart Certificate for his 28 June 1868 award of the Purple Heart, and copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and DD Form 215s (Correction of 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 was inducted on 13 September 1967.  He completed his training as a light weapons infantryman and was transferred to Vietnam on        28 February 1968 for assignment to Company D, 2d Battalion, 8th Cavalry Regiment.  The applicant was wounded on 25 May and 28 June 1968 and he was medically evacuated from Vietnam on 28 July 1968.

3.  The applicant’s DA Form 20 (Enlisted Qualification Record), item 41 (Awards and Decorations) shows that the Purple Heart was issued; however, it does not reflect an order number and there are no orders contained in his records for his first Purple Heart. 

4.  The applicant was honorably released from active duty (REFRAD) on           12 September 1969 due to the expiration of his term of service (ETS).  He had served 2 years of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Combat Infantryman Badge, Army Commendation Medal, First Class Gunner Badge with Machine Gun bar, Purple Heart, and Vietnam Service Medal. 

5.  On 19 May 2009, the Board authorized corrections to his records by adding awards of the Good Conduct Medal, Vietnam Service Medal with 3 bronze service stars (which included the TET Offensive), the Republic of Vietnam Campaign Medal with Device (1960) and the Sharpshooter Marksmanship Qualification Badge with machine gun and rifle bars.

6.  On 22 February 2012, the Board authorized correction of his records by awarding him the Purple Heart with 1 oak leaf cluster and issued the applicant orders and a certificate for award of the Purple Heart on 20 June 1968.

7.  A review of the available records fails to show that the applicant was awarded the Air Medal.  Additionally, his records do not contain any flight records. 

8.  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 orders for award of the Air Medal pertaining to the applicant.

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.  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.  

11.  Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  

DISCUSSION AND CONCLUSIONS:

1.  While the Board does not normally issue replacement certificates, in the interest of streamlining the administrative process and given the applicant’s contributions to the United States during the Vietnam War, it would be in the interest of equity in this case to issue the applicant a Purple Heart Certificate for wounds received in Vietnam on 25 May 1968.  Therefore, this administrative action will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

2.  The applicant’s contention that he should also be awarded the Air Medal has been noted and appears to lack merit.  The applicant’s official records fail to show any evidence of his being awarded the Air Medal and there is no evidence of any kind to indicate any flight hours necessary to qualify for award of the Air Medal.  Therefore, in the absence of such evidence there is no basis to award him the Air Medal at this time.

3.  The applicant’s contention that he should be awarded a medal for his participation in the TET Offensive has been noted and found to lack merit.  The applicant was awarded a bronze service star for participation in that campaign and there appears to be no other medals authorized for participation in that campaign.

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 requests that the ARBA CMD take administrative action to issue the individual concerned a Purple Heart Certificate for wounds received in Vietnam on 25 May 1968.




      _______ _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)                                         AR20120011585





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ABCMR Record of Proceedings (cont)                                         AR20120011585



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