IN THE CASE OF:	

		BOARD DATE:	  3 June 2014

		DOCKET NUMBER:  AR20130015708 


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, the widow of a deceased former service member (FSM), requests, in effect, correction of the FSM's records to show the awards listed on the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that she provides, and to include the Purple Heart.  She also requests the issuance of the FSM's awards and decorations.

2.  The applicant states the FSM's records do not contain the DD Form 214 she has provided.

3.  The applicant provides:

* DD Form 214 ending 12 August 1971
* death certificate
* self-authored letter, undated

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 FSM enlisted in the Regular Army on 12 January 1968.

3.  On 12 February 1969, he was honorably discharged.  The DD Form 214 he was issued shows award of the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar
(M-14).

4.  He immediately reenlisted on 13 February 1969 and was honorably discharged on 15 October 1969 to accept a Reserve commission.  The DD Form 214 he was issued shows award of the:

* National Defense Service Medal
* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  On 16 October 1969, the FSM was appointed as a Reserve commissioned officer in the U.S. Army Reserve (USAR) as a second lieutenant (2LT) and entered active duty.

6.  He served in Vietnam during the period 19 October 1970 to 7 August 1971 and was assigned to the following units while in Vietnam:

* Headquarters and Headquarters Company, 3rd Battalion, 1st Infantry, 23rd Infantry Division, 30 October 1970 to 4 January 1971
* Company D, 3rd Battalion, 1st Infantry, 23rd Infantry Division, 5 January 1971 to 9 April 1971
* Troop D, 1st Squadron, 1st Cavalry, 23rd Infantry Division, 10 April 1971 to 4 August 1971

7.  His DA Forms 66 (Officer Qualification Record) show in Item 21 (Awards and Decorations):

* National Defense Service Medal
* Army Good Conduct Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal
* 2 Overseas Service Bars
8.  On 12 August 1971, he was released from active duty and transferred to the USAR (Reinforcement).  The DD Form 214 record copy he was issued shows award of the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Bronze Star Medal
* Combat Infantryman Badge

9.  The applicant provides a copy of the FSM's death certificate.  She also provides a copy of his DD Form 214 for the period ending 12 August 1971.  This DD Form 214 appears to have been altered and does not show the same information found on the DD Form 214 filed in the FSM's Official Military Personnel File (OMPF).  The altered DD Form 214 shows the additional following entries:

* "SSM" (taken to mean Silver Star)
* "AM" (taken to mean Air Medal)
* "ARCOM" (taken to mean Army Commendation Medal)
* "FW" (taken to mean Flight Wings)
* "PW" (taken to mean Parachute Wings)

10.  The FSM's OMPF is void of orders awarding him the Silver Star, Air Medal, Army Commendation Medal, Purple Heart, or any type of wings.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	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 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.
	c.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	d.  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 that 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.

	e.  Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.

12.  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.  

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crew Member Badge.  Commanders of any unit with Army aircraft assigned could publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge.  To be eligible for temporary award of the Aircraft Crew Member Badge an individual had to be on flying status in the case of crew chiefs, electronic sensor system operators, and flight engineers or as a non-crewmember in the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors.  Individuals were also required to be qualified based on a Class III physical examination and to hold a principal duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector.  These personnel were authorized to wear the badge temporarily until relieved from those duties or they could be authorized permanent wear of the Aircraft Crew Member Badge once they fulfilled the regulatory requirements for permanent award of the badge.  

14.  For permanent award of the Aircraft Crew Member Badge, an individual must have performed in one of the duties specified above for not less than 12 months (not necessarily consecutive) or must have been school trained for a principal duty specified above.  Personnel who were precluded by incapacitation from further flight duty due to wounds sustained as a result of hostile action or injuries resulting from an aircraft accident for which they were not personally responsible were entitled to permanent wear of the Aircraft Crew Member Badge.  Further, an individual who participated in at least 15 combat missions under probable exposure to enemy fire while serving in the principal duty of crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector was entitled to permanent award of the Aircraft Crew Member Badge.

15.  Service medals and awards are not issued by the ABCMR.  However, the applicant may obtain his medals by submitting his request in writing to:  National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri  63138.  This issue will not be further addressed in this Record of Proceedings.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of the FSM's records to show awards listed on an altered DD Form 214 she provides and issuance of the FSM's awards and decorations was carefully considered.

2.  There is no evidence indicating he was recommended for or awarded the additional awards and decorations added to the DD Form 214 she provides.

3.  Absent orders awarding the FSM the requested awards and decorations or official documentation confirming that such orders were published, there is an insufficient basis upon which to correct his DD Form 214 for the period ending 12 August 1971 to show entitlement to these requested items.

4.  In view of the above, there is an insufficient evidentiary basis for granting the requested relief.



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 that 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)                                         AR20130015708



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ABCMR Record of Proceedings (cont)                                         AR20130015708



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