BOARD DATE:	  8 August 2013

		DOCKET NUMBER:  AR20120022287 


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 (3 November 1970)
* Meritorious Service Medal (15 April to 31 December 1970)
* Air Medal (17 March 1971)

2.  The applicant states these awards are not listed on his DD Form 214.

3.  The applicant provides:

* Air Medal Citation and Certificate
* Purple Heart Certificate
* Clackams County Veterans Service Office letter, dated 9 April 2012
* 101st Airborne Division (Airmobile) Certificate of Service
* 2 Certificates of Appreciation

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 25 September 1969 and he held military occupational specialty 11B (Light Weapons Infantryman).

3.  He arrived in the Republic of Vietnam (RVN) on or about 5 March 1970 and he was assigned to Company C, 1st Battalion (Airmobile), 502nd Infantry on 24 March 1970.

4.  General Orders Number 13119 issued by the Headquarters, 101st Airborne Division (Airmobile), dated 3 November 1970, show he was awarded the Purple Heart for wounds received in connection with ground operations in the RVN on 6 April 1970.

5.  He departed the RVN on or about 25 April 1971 and he was honorably released from active duty on 30 April 1971.  His DD Form 214 also shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge 
* RVN Campaign Medal with Device (1960)
* Purple Heart
* Army Commendation Medal 
* Marksman Marksmanship Qualification Badge with M14 and M16 Rifle Bars

6.  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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal orders for the Air Medal, Meritorious Service Medal, or a second Purple Heart for wounds sustained on 3 November 1970 pertaining to the applicant.

7.  His service medical records are not available for review and his name does not appear on the Vietnam casualty roster.

8.  The applicant's record is void of documentation showing he was wounded or that he was awarded a second Purple Heart for wound sustained on 3 November 1970.

9.  A review of his personnel records failed to reveal any evidence that he was recommended for or awarded the Meritorious Service Medal.

10.  The applicant provided an Air Medal Citation and Certificate for the period 
15 April to 31 December 1971.  In addition, he provided a Purple Heart Certificate for wounds he received on 3 November 1970.

11.  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.  

12.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Purple Heart is awarded for a wound sustained while 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.  The Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service.  After 16 January 1969 but prior to 11 September 2001, the Meritorious Service Medal was authorized to be awarded only for meritorious service or achievement while serving in a non-combat area.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.



DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show award of the Purple Heart (3 November 1970), the Meritorious Service Medal, and the Air Medal.

2.  The criteria for award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

3.  The Purple Heart certificate provided by the applicant is insufficient evidence to meet the burden of proof that he was injured as a result of enemy action, his wounds were treated by medical personnel, and the medical treatment was made a matter of official record for injuries.  Additionally, his name is not shown on the Vietnam casualty listing and there are no orders awarding him the Purple Heart for injuries sustained on 3 November 1970 in ADCARS.

4.  In the absence of evidence to corroborate his claim of the events that led to his injury or additional documentation that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds sustained on 3 November 1970, it would be inappropriate to correct his record at this time to show a second award of the Purple Heart.

5.  There are no orders or any other Army records that show he was awarded the Meritorious Service Medal or that he was recommended for the award.  Therefore, this award should not be added to his DD Form 214.

6.  In the absence of evidence showing the number and type of air assault or equivalent missions he participated in, it is not possible to assess whether or not he may have met the prescribed Air Medal guidelines.  Therefore, his record should not be corrected to add this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X__  ____X____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _  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)                                         AR20120022287





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ABCMR Record of Proceedings (cont)                                         AR20120022287



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