BOARD DATE:	  20 June 2013

		DOCKET NUMBER:  AR20120020828 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Purple Heart and the Air Medal with "V" Device.

2.  The applicant states he lost all of his documents when he was homeless for 3 years.

3.  The applicant provides no additional evidence.

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 records show he was inducted into the Army of the United States on 7 January 1969 and he held military occupational specialty 11D (Armor Reconnaissance Specialist).  He served in Vietnam while assigned as follows from:

* 8 August to 20 November 1969, 104th Engineer Company
* 21 November 1969 to 11 August 1970, Troop A, 7th Squadron, 1st Cavalry Regiment

3.  General Orders (GO) Number 1103, dated 23 February 1970, issued by Headquarters (HQ), 1st Aviation Brigade, awarded him the Air Medal for meritorious achievement for the period 1 to 16 December 1969.

4.  GO Number 6383, dated 15 July 1970, issued by HQ, 1st Aviation Brigade, awarded him the Air Medal (2nd thru 7th Award) for meritorious achievement for the period 17 December 1969 to 2 April 1970.

5.  He was honorably released from active duty on 11 August 1970 and he was transferred to the U.S. Army Reserve.  He completed 1 year, 7 months, and 5 days of net active service with 13 days of lost time.

6.  The DD Form 214 he was issued shows award of the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Combat Infantryman Badge
* Army Commendation Medal

7.  His records do not contain orders for the Purple Heart or the Air Medal with "V" Device.

8.  Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified sharpshooter with the M-14 and M-16 rifles, and he qualified as "first class" (or sharpshooter) with the hand grenade.

9.  Item 40 (Wounds) of his DA Form 20 is blank and item 41 (Awards and Decorations) does not show the Purple Heart or the Air Medal with "V" Device.

10.  A review of the Vietnam casualty listing failed to show his name as a casualty.

11.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Purple Heart or the Air Medal with "V" Device pertaining to the applicant.

12.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of his records shows that during his service in Vietnam, the applicant participated in four campaigns.

13.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in 
Vietnam.  This pamphlet shows the:

* 104th Engineer Company was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 August 1967 through 9 February 1970, by DAGO Number 43, dated 1970
* 7th Squadron, 1st Cavalry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 December 1969 through 10 October 1970, by DAGO Number 52, dated 1971

14.  Army Regulation 600-8-22 provides that the:

	a.  Purple Heart is awarded for a wound/injury sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  Bronze "V" Device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Air Medal with "V" Device, although the applicant was awarded multiple awards of the Air Medal, none was for heroism.  There is no evidence in the applicant's records and he provides none to support his entitlement to this award.  There is no indication in his records of acts of heroism involving conflict with an armed enemy.  

2.  With respect to the Purple Heart, the criteria for this award requires the submission of substantiating evidence to verify that a Soldier received a wound/injury as the result of hostile action, the wound/injury required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.  There is no evidence in his records and he has not proved any evidence that shows he was treated while serving in Vietnam for a wound or injury received as a result of hostile action.  Regrettably, in the absence of documentation that conclusively shows he was wounded or injured as a result of enemy action there is an insufficient evidentiary basis for granting him this portion of the requested relief.

3.  The evidence shows that the applicant’s records contain administrative errors which do not require action by the Board.  

	a.  Although the applicant's records do not show he was awarded the Air Medal with "V" Device, the evidence of record confirms the applicant was awarded seven awards of the Air Medal which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show the Air Medal (7th Award).

	b.  His record confirms he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

	c.  His records show he qualified as sharpshooter with the M-14 rifle, M-16 rifle, and hand grenade.  Therefore, it would be appropriate to correct his DD Form 214 to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar. 

	d.  GO awarded his units in Vietnam the Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the periods he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  Therefore, administrative correction of the applicant’s records 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.




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 determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned as follows:

* deleting from his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the:

* Air Medal (7th Award)
* Vietnam Service Medal with 4 bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      _______ _   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)                                         AR20120020828





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ABCMR Record of Proceedings (cont)                                         AR20120020828



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