IN THE CASE OF:  	  

		BOARD DATE:  12 March 2015	  

		DOCKET NUMBER:  AR20140013511 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect the following awards for his service during Vietnam:

* Bronze Star Medal
* Purple Heart 
* Army Commendation Medal
* Combat Jump Wings (implying the award of the Parachutist Badge with a bronze service star for participation in a combat parachute jump)
* Helicopter Wings (Air Assault Badge)

2.  The applicant states his command lost his awards.  He was sent [as a medic] to a Vietnamese Hospital and his command, the 1st Cavalry Division, did not exercise command and control over him.  He has been trying to correct his records for 30 years.

3.  The applicant provides:

* four copies of DD Forms 214
* letters involving an congressional inquiry recommending he submit a DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552)
* extract from a court-martial order
* DA Form 2658 (Health Record - Abstract of Service)
* DA Form 873 (Certificate of Clearance and/or Security Determination under EO 10450)
* pages 1 and 3 from his DA Form 20 (Enlisted Qualification Record)

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 April 1962.  After completing initial training, he was awarded military occupational specialty (MOS) 941.10 (Cook).  

3.  On 6 January 1964, the applicant was discharged for the purpose of immediate reenlistment.  His DD Form 214 shows he was awarded or authorized the Parachutist Badge and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).

4.  On 7 January 1964, he reenlisted in the Regular Army.  He subsequently changed his MOS from 941.10 to 910.07 (later 91B) (Medical Corpsman).  The highest rank/grade held while on active duty was specialist four/E-4.

5.  He was honorably discharged on 27 February 1970.  His DD Form 214 for that period shows:

	a.  He had a total creditable active service of 7 years, 5 months, and 12 days.

	b.  He served in Vietnam from 25 July 1966 to 23 July 1967.  He has qualifying service for 2 campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 to 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 1968)

	c.  It does not show the award of the Bronze Star Medal, the Purple Heart, the Army Commendation Medal, the Parachutist Badge with bronze service star, or the Air Assault Badge.  It does show he was awarded or authorized:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with Device (1960)
* Combat Medical Badge

6.  An examination of his official military personnel file (OMPF) does not show any orders for the award of the Bronze Star Medal, the Purple Heart, the Army Commendation Medal, or the Air Assault Badge.

7.  His DA Form 20 shows in:

	a.  Item 38 (Record of Assignments), while in Vietnam, he was assigned to Headquarters and Headquarters Company, 15th Medical Battalion, 1st Cavalry Division.  There is no indication he was placed into a patient status at a medical treatment facility at any time during his period of service.

	b.  Item 40 (Wounds), no entry indicating he was wounded in action.

	c.  Item 41 (Awards and Decorations), no entry for the Bronze Star Medal, the Purple Heart, the Army Commendation Medal, or the Air Assault Badge.  Shown are the following:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with Device (1960)
* Combat Medical Badge
* Parachutist Badge

8.  His personnel records do not contain an official Army message or a Western Union telegram notifying his next of kin of an injury or wound sustained in action.  This was the proper notification procedure for injuries at the time.

9.  His name is not shown on the Vietnam casualty listing.  This is a listing of Vietnam era casualties commonly used to verify entitlement to award of the Purple Heart.

10.  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, failed to reveal any orders for the Bronze Star Medal, the Purple Heart, or the Army Commendation Medal pertaining to the applicant.

11.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

12.  Army Regulation 600-8-22 (Military Awards) prescribes policy and procedures for military awards and decorations.  It states:

	a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The Purple Heart is awarded for a wound sustained while in action against and 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.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:

* injury caused by enemy bullet
* shrapnel or other projectile created by enemy action
* injury caused by enemy placed mine or trap
* injury caused by enemy released chemical, biological, or nuclear agent
* injury caused by vehicle or aircraft accident resulting from enemy fire and/or concussion injuries caused as a result of enemy generated explosions

	c.  The Army Commendation Medal is awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army, distinguishes himself by acts of heroism, extraordinary achievement, or meritorious service.  Announcement in orders is required.


	d.  The Air Assault Badge is awarded for satisfactory completion of an air assault training course according to Training and Doctrine Command standardized Air Assault Core Program of Instruction.  It may be awarded by commanders of divisions or separate brigades.

	e.  A bronze service star is authorized to be worn on the Parachutist Badge to denote a Soldier's participation in a combat parachute jump.  Orders are required to confirm this award.  A Soldier's combat parachute jump credit is tied directly to the assault landing credit decision for the unit to which the Soldier was assigned or attached at the time of the assault.  Should a unit be denied air assault credit, no air assault credit for the purpose of this bade will accrue to the individual Soldier of that unit.  Each Soldier must physically exit the aircraft to receive combat jump credit and the Parachutist Badge with bronze service star.

	f.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  

	a.  It states assault landing credit was awarded to selected units who participated in an airborne assault on 22 February 1967 in Katum, Vietnam.  These units are identified in Department of the Army General Order (DAGO) Number 48, 1971, as amended by DAGO Number 8, 1979.  

	b.  It shows the 15th Medical Battalion was awarded the Meritorious Unit Commendation for service during the period 1 Jun 1967 to 31 May 1968.

	c.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974.

14.  DAGO Number 48, 1971, as amended by DAGO Number 8, 1979, does not identify the 15th Medical Battalion as one of the units shown as participating in the 22 February 1967 combat jump.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of the DD Form 214 to show the following awards:

* Bronze Star Medal
* Purple Heart 
* Army Commendation Medal
* Combat Jump Wings (Parachutist Badge with a bronze service star for participation in a combat parachute jump)
* Helicopter Wings (Air Assault Badge)

2.  With the exception of the Parachutist Badge and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1), his OMPF contains no evidence he was awarded any of the awards or decorations he asserts he received.  He also provides no documentary proof to support his claim.  His DD Form 214 should therefore only show the addition of the Parachutist Badge and Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).

3.  He suggests he was recognized for participation in the one combat parachute jump which occurred during Vietnam.  He offers no supporting evidence for this contention and his unit of assignment while in Vietnam was not shown in DAGO Number 48, 1971, as amended by DAGO Number 8, 1979.  His DD Form 214 should not be amended to show the award of a bronze service star on his Parachutist Badge for participation in that combat jump.

4.  His records show he has qualifying service for two campaigns.  Additionally, he was assigned to the 15th Medical Battalion when it was awarded the Meritorious Unit Commendation, and all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be corrected to show these awards.

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.  deleting the Vietnam Service Medal from his DD Form 214 for the period ending 27 February 1970.
	b.  Adding to his DD Form 214 for the period ending 27 February 1970 the following awards and/or decorations:

* Vietnam Service Medal with two bronze service stars
* Meritorious Unit Commendation 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Parachutist Badge 
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)

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 amending his DD Form 214 to show the awards of the Bronze Star Medal, the Purple Heart, the Army Commendation Medal, or the Air Assault 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)                                         AR20140013511





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ABCMR Record of Proceedings (cont)                                         AR20140013511



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