BOARD DATE:	  27 January 2015

		DOCKET NUMBER:  AR20140008233 


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 (Report of Transfer or Discharge) to show all of the medals, decorations, and awards he earned to include five additional Air Medals (for a total of 20), Combat Medical Badge, and a "V" device for wear on his Soldier's Medal. 

2.  The applicant states the awards were overlooked during the last review and correction.

3.  The applicant provides copies of his:

* DD Form 214
* DD Form 215 (Correction of the DD Form 214)
* a recommendation for an undesignated award with a witness statement
* orders for the award of the Soldier's Medal
* orders for the award of the Air Medal with "V" Device with 14th Oak Leaf Cluster
* orders for the award of the Air Medal with "V" Device with 15th Oak Leaf Cluster
* 4 award transmittal letters

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 served on active duty from 9 November 1966 through 6 August 1968 in the military occupational specialty 91B (Medical Specialist).

3.  His records contain orders for award of the:

* Aircraft Crewman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Good Conduct Medal
* Purple Heart
* Air Medal (Basic)
* Air Medal (1st – 5th Oak Leaf Cluster) 
* Air Medal (6th – 13th Oak Leaf Cluster) 
* Soldier's Medal
* (Republic of Vietnam) Armed Forces Honor Medal, 2nd Class

4.  His DA Form 20 (Enlisted Qualification Record) shows the applicant served in Vietnam with the 45th Medical Company (Air Ambulance) as an Air Ambulance Aidman from 17 July 1967 through 4 August 1968.  His awards are shown as the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Aircraft Crewman Badge
* Air Medal (Basic)
* Air Medal (1st – 5th Oak Leaf Cluster)
* Purple Heart
* Good Conduct Medal
* Armed Forces Honor Medal 



5.  The applicant's DD Form 214 list his awards as the:

* National Defense Service Medal
* Aircraft Crewman Badge
* Purple Heart 
* Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal
* Army Commendation Medal

6.  A 19 June 1970 DD Form 215 list his awards as the:

* Air Medal with Numeral 13
* Purple Heart
* Good Conduct Medal 
* National Defense Service Medal 
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Aircraft Crewman Badge
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

7.  A 20 August 1970 DD Form 215 list his awards as the:

* Air Medal with "V" Device and Numeral 15
* Purple Heart
* Good Conduct Medal
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Aircraft Crewman Badge
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Soldier's Medal
* Armed Forces Honor Medal 
* First Class Vietnamese Honor Medal (1st award)
* Vietnamese National Defense Medal

8.  The applicant provided orders for award of the Air Medal with "V" Device with Numeral 14 (for his actions on 11 May 1968) and the Air Medal with "V" Device with Numeral 15 (for his actions on 5 May 1968).  Both sets of orders were issued on 23 December 1968.

9.  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 the 45th Medical Company – Vietnam, it was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

10.  The Armed Forces Honor Medal was a military decoration awarded by the Republic of Vietnam to any member of the military who actively contributed to the formation and organization of the Vietnamese military and who actively participating in cadre training of Vietnamese units.  The medal was awarded for non-combat service and was comparable to the Army Commendation Medal.  Commissioned officers received it as a First Class medal and warrant officers and enlisted personnel received it as a Second Class.  The two grades of the Armed Forces Honor Medal were distinguished by the medal's medallion, gold for 1st class and silver for 2nd class.

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

   a.  The Soldier's Medal is awarded for heroic acts in direct support of operations, but not involving actual combat.

   b.  The "V" device is awarded to denote participation in acts of heroism involving conflict with an armed enemy.  Only one "V" Device will be worn on any one ribbon of medal.  It is not authorized for wear with the Soldier’s Medal.
   
   c.  The Air Medal is awarded in time of war for heroism, for meritorious achievement, and for meritorious service in sustained operations.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  At the time of the applicant's service Oak Leaf Clusters were used for the second and succeeding awards.  Conversion to the use of Arabic numerals commenced in 1969 and are now used instead of Oak Leaf Clusters, starting with a Numeral 2, indicating the total number of Air Medals. 
   
   d.  The Combat Medical Badge is awarded to members of the Army Medical Department assigned or attached by appropriate orders to an infantry unit of brigade, regimental, or smaller size, or to a medical unit of company or smaller size, organic to an infantry unit of brigade or smaller size, during any period the infantry unit is engaged in actual ground combat on or after 6 December 1941.    
   

12.  Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states:

   a.  DD Form 214 is to be reissued when two DD Forms 215 have been issued and an additional correction is required; and
   
   b.  The Soldier's awards and decorations for all periods of service are to be listed in the priority sequence.  Each entry will be verified by the Soldier's records and abbreviations are not to be used.

DISCUSSION AND CONCLUSIONS:

1.  The Soldier's Medal is awarded for heroism in a noncombat situation.  The "V" Device denotes an award for heroism involving conflict with an armed enemy.  Therefore, it would be inappropriate to correct the records to show award of a Soldier's Medal with "V" Device.

2.  The applicant's DD Form 215 converted the Air Medal designation from Oak Leaf Clusters to Numerals.  However, the official making entry on the DD Forms 215 erred which resulted in a showing of one less Air Medal that the applicant is shown to have been awarded.  The correct conversion for his award of the Air Medal with "V" Device with 15 Oak Leaf Clusters is the Air Medal with "V" Device and Numeral 16th.  It would be appropriate to correct the record to show the proper Numeral conversion. 

3.  While it is possible that the applicant may have earned additional Air Medals for his service or an individual action after 11 May 1968, he has not provided and the record does not contain any evidence he was authorized or awarded any additional Air Medals after that action date. 

4.  The applicant's DD Form 215 incorrectly shows award of a Vietnamese National Defense Medal, no such medal exists.  Since the DD Form 215 omitted his award of the National Defense Service Medal it is most likely that this is the medal that should have been denoted.  It is appropriate to delete the Vietnamese National Defense Medal and show of the National Defense Service Medal. 

5.  The applicant's DD Form 215 incorrectly shows his award of (Republic of Vietnam) Armed Forces Honor Medal as being a First Class award.  Only officers received the First Class designation; enlisted personnel were awarded this medal as the Armed Forces Honor Medal, Second Class.  It is appropriate to correct this error.

6.  The applicant is not shown to have served with an infantry unit organic to an infantry unit of brigade or smaller size, during any period the infantry unit is engaged in actual ground combat.  Therefore, he does not meet the unit assignment requirement for eligibility for the Combat Medical Badge.

7.  In addition to the awards listed on his DD Form 214 and DD Forms 215, the applicant is also authorized the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  It would be appropriate to correct his DD Form 214 to show these awards.

8.  Since the applicant has already received two DD Forms 215, regulations require voiding of the original DD Form 214 and the two DD Forms 215 and a corrected DD Form 214 be issued.

9.  With the reissue of the DD Form 214, the applicant's awards should be shown as the:
* Soldier's Medal
* Purple Heart
* Air Medal with "V" Device and Numeral 16
* Army Commendation Medal
* Good Conduct Medal 
* Meritorious Unit Commendation 
* National Defense Service Medal
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Armed Forces Honor Medal, Second Class
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar 
* Aircraft Crewman Badge









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.  voiding the applicant's 6 August 1968 DD Form 214, 19 June 1970 DD Form 215, and 20 August 1970 DD Form 215;
   
   b.  reissuing his 6 August 1968 DD Form 214 showing his awards as the: 

* Soldier's Medal
* Purple Heart
* Air Medal with "V" Device and Numeral 16
* Army Commendation Medal
* Good Conduct Medal 
* Meritorious Unit Commendation 
* National Defense Service Medal
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Armed Forces Honor Medal, Second Class
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar 
* Aircraft Crewman Badge

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 additional Air Medals, the Combat Medical Badge, and a "V" Device for wear on his Soldier's Medal.  



      _______ _  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)                                         AR20140008233



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ABCMR Record of Proceedings (cont)                                         AR20140008233



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