IN THE CASE OF:
BOARD DATE: 29 May 2014
DOCKET NUMBER: AR20130016291
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 the Purple Heart and the Air Medal (2nd Oak Leaf Custer or 3rd Award).
2. The applicant states there was a perception at the time that minorities did not earn their awards.
3. The applicant provides:
* Certificate of award of the Air Medal (2nd Award)
* Certificate for award of the Purple Heart
* General Orders (GO) Number 6441
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 19 June 1969. He held military occupational specialty 11B (Light Weapons Infantryman).
3. He served in Vietnam from 16 November 1969 to 15 November 1970. He was assigned to Company C, 4th Battalion, 9th Infantry, 25th Infantry Division.
4. Headquarters, 25th Infantry Division, published the following GO:
* GO Number 5507, on 26 May 1970, awarding him the Army Commendation Medal for meritorious achievement
* GO Number 6148, on 1 June 1970, awarding him the Air Medal for meritorious achievement from 5 December 1969 to 3 March 1970
* GO Number 6441, on 9 June 1970, awarding him the Army Commendation Medal with "V" Device for heroism on 11 May 1970
* GO Number 8917, on 19 August 1970, awarding him the Air Medal (2nd Award), for meritorious achievement from 7 March 1970 to 15 June 1970
* GO 9687, on 18 September 1970, awarding him the Bronze Star Medal for meritorious service
5. He was honorably released from active duty on 18 June 1971. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Service Medal
* Vietnam Campaign Medal with 60 Device
* Bronze Star Medal
* Army Commendation Medal with 1st oak leaf cluster
* Air Medal with 1st oak leaf cluster or 2nd Award
6. On 22 December 1982, Headquarters, U.S. Army Reserve Components Personnel and Administration Center published Permanent Orders Number 170-4, awarding him the Purple Heart for wounds received in action on 13 June 1970.
7. On 26 March 2001, he was issued a DD Form 3215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) that added award of the Purple Heart.
8. His records do not contain orders confirming he was recommended for or awarded the Air Medal with 2nd oak leaf cluster or 3rd Award.
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.
a. Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal. The numeral 2 denotes the second award of the Air Medal.
b. The first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Air Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant was issued a DD Form 215 that added award of the Purple Heart. He was provided with a copy of this form by separate correspondence.
2. With respect to the Air Medal:
a. GO awarded the applicant two awards of the Air Medal, both of which are shown on his DD Form 214. The first oak leaf cluster is awarded to denote the second and succeeding awards of the Air Medal. Since the applicant was awarded two awards of the Air Medal, his DD Form 214 correctly shows the Air Medal with 1st oak leaf cluster.
b. There is no evidence he was awarded a third award. In the absence of documentary evidence he was recommended for and awarded a third award of the Air Medal, there is insufficient evidence to add a 3rd award or a second oak leaf cluster as he contends.
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 wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
____________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) AR20130016291
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ABCMR Record of Proceedings (cont) AR20130016291
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