IN THE CASE OF:	  

		BOARD DATE:	  9 July 2013

		DOCKET NUMBER:  AR20120022272 


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 his records be corrected to show his award of the Distinguished Flying Cross, Army Commendation Medal, Air Medal, Purple Heart, Combat Medical Badge, and the Aircraft Crewman Badge.

2.  The applicant states that he earned these awards but they are not shown on his DD Form 214 (Report of Transfer or Discharge).

3.  The applicant provides copies of his DD Form 214 and award certificates for the Distinguished Flying Cross, Army Commendation Medal, Air Medal for heroism (9th award), Air Medal (9th - 20th award), and the Purple Heart.

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 7 July 1969 and was awarded military occupational specialties 91A (Medical Corpsman) and 91B (Medical Specialist).

3.  His official record contains copies of orders for the Distinguished Flying Cross (General Orders Number 5007), Aircraft Crewman Badge (Special Orders Number 281), and the Marksman Marksmanship Qualification Badge with Rifle Bar (Special Orders Number 25230).

4.  The applicant's DA Form 20 (Enlisted Qualification Record) provides the following:

* advancement to specialist four
* service in Vietnam from 14 December 1969 through 5 February 1971
* assignment to the 12th Evacuation Hospital, Vietnam from 17 December 1969 through 19 January 1970
* assignment to the 45th Medical Company, Vietnam from 20 January 1970 through 4 February 1971
* conduct and efficiency ratings of "excellent" 
* his awards as the National Defense Service Medal, Vietnam Service Medal, Aircraft Crewman Badge, Republic of Vietnam Campaign Medal with Device (1960), Air Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar
* the block for awards indicates the authorized medals/badges were not issued and does not show the authority for award of the Air Medal
* item 40 (Wounds) is blank 

5.  The applicant was honorably released from active duty on 8 February 1971.  His DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).

6.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or court-martials that would suggest he was considered not eligible for award of the Good Conduct Medal.

7.  The Air Medal (9th award) certificate, dated 1 December 1970, shows the applicant was awarded this award for heroic actions on 14 March 1970.  This certificate is signed by the Commanding General, U.S. Army Medical Command Vietnam.

8.  The Purple Heart award certificate, dated 4 January 1971, shows he was awarded the Purple Heart for a wound received in action on 21 November 1970.
9.  The Air Medal (9th through 20th award) certificate, dated 31 March 1971, shows he was awarded this award for meritorious achievement from 27 May 1970 through 6 January 1971.  This award is signed by the Commanding General, U.S. Army Vietnam.

10.  The Army Commendation Medal award certificate shows award of the medal for meritorious achievement in connection with the Malaysian Flood Relief Operations from 7 - 18 January 1971.  No general orders for this award were located.

11.  1st Aviation Brigade General Orders Number 5193, dated 29 June 1971, amended General Orders Number 406, dated 19 January 1971, by deleting the applicant's and several other Soldiers' names from the list of personnel awarded the Army Commendation Medal.

12.  A review of the Vietnam Casualty List shows the applicant was treated for combat incurred wounds twice, first on 27 January 1970 and again from 23 November 1970 through 9 December 1970.

13.  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 United States Army Human Resources Command, includes a copy of the general orders for the applicant's Distinguished Flying Cross and the deletion of his name from the Army Commendation Medal orders.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to:

	a.  the 12th Evacuation Hospital, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and 

	b.  the 45th Medical Company, it was cited for award of two Meritorious Unit Commendations.

15.  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, 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.  There must have been no convictions by a court-martial.  . 
16.  Army Regulation 600-8-22 (Military Awards) provides the following 

	a.  The Combat Medical Badge is awarded to medical department personnel (colonels and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy.  Only medical personnel in the organic medical companies of the infantry regiments historically meet the requirements for qualifying service for the an infantry unit of brigade, regimental or smaller size.

	b.  A bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  Based on the applicant's dates of service in Vietnam he participated during three campaign periods.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has not provided and the record does not contain any evidence to show he was assigned to an infantry unit of brigade, regimental, or smaller size.  Therefore, award of Combat Medical Badge is not appropriate.

2.  The applicant was awarded the Army Commendation Medal on 18 January 1971; however, orders issued after his release from active duty deleted his name from the earlier orders, in effect rescinding or voiding the award of the Army Commendation Medal.  Therefore, it is not appropriate to include this award on his DD Form 214.

3.  The applicant's award of the Distinguished Flying Medal, Air Medal, Meritorious Unit Commendation (2nd award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Aircraft Crewman Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar were omitted from his DD Form 214.  It is appropriate to correct the DD Form 214 to include these awards.

4.  The Vietnam Casualty List shows the applicant was wounded in action twice, on 27 January 1970 and 21 November 1970; however, his record does not reflect either of these wounds or award of the Purple Heart.  The applicant has provided a Purple Heart award certificate issued on 4 January 1971 for the 21 November 1970 wound.  Other than the notation on the Vietnam Casualty List there is no indication the applicant was awarded a Purple Heart for the first wound.

5.  It is appropriate to correct the applicant's records by awarding him a Purple Heart for a wound received on 27 January 1970 and amending his 4 January 1971 award certificate to show this award as with the first Oak Leaf Cluster.  

6.  The applicant's DA Form 20 shows he was authorized award of the Air Medal but does not specify a number or that it may have been for a heroic act.  Normally there is a reluctance to correct the record solely on the applicant providing an award certificate without copies of the actual award orders.  

7.  However, in light of the absence of the inclusion of several other significant awards from his record, the fact that the two certificates do show the appropriate signatures for the different levels of the award, the fact that the second available certificate was issued after his release from active duty, and in light of the reference to award of the Air Medal on the DA Form 20, it is appropriate to accept the certificates as valid indications of his award for these medals.  It is further reasonable to accept that, due to the lack of proper entry of the Air Medal with "V" Device in his records, the subsequent award certificate should have been for the 10th through 21st award of the Air Medal.  

8.  Therefore, it is appropriate to correct the applicant's records to show he was awarded the Air Medal with Numeral 21 and "V" Device.

9.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his promotion to E-4.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award him the Good Conduct Medal for the period 7 July 1969 through 8 February 1971.

10.  The applicant served in Vietnam during three campaign periods and is authorized to wear three bronze service stars on his already-awarded Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 the applicant the Army Good Conduct Medal for his period of service from 7 July 1969 through 8 February 1971;

	b.  awarding him the Purple Heart for wounds received on 27 January 1970;

	c.  amending his 4 January 1971 Purple Heart award certificate to show this award as with the first Oak Leaf Cluster;

	d.  amending his 31 March 1971 Air Medal award certificate to show this award as the Air Medal (10th through 21st award); and

	e.  adding the following awards:

* Distinguished Flying Medal
* Air Medal with Numeral 21 and "V" Device
* Purple Heart with one Oak Leaf Cluster
* Army Good Conduct Medal
* three bronze service stars for wear with his Vietnam Service Medal
* Meritorious Unit Commendation (2nd award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Aircraft Crewman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar.

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 award of the Army Commendation Medal and the Combat Medical Badge.  



      ____________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)                                         AR20120022272





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ABCMR Record of Proceedings (cont)                                         AR20120022272



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