BOARD DATE:	  19 March 2015

		DOCKET NUMBER:  AR20140013973 


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 Report of Transfer or Discharge) to show he was awarded or authorized the:

* Purple Heart
* Army Commendation Medal
* Combat Infantryman Badge
* Air Medal
* all other awards he is authorized

2.  The applicant states he wants his DD Form 214 to be correct.

3.  The applicant provides no additional evidence in support of his request.

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 9 October 1958.  

3.  On 25 October 1960, he was discharged for the purpose of immediate reenlistment.  His DD Form 214 for this period of service shows he was awarded or authorized the Expert Marksmanship Qualification Badge with Rifle Bar (M-1) and the Marksman Marksmanship Qualification Badge with Carbine Bar.

4.  On 26 October 1960, he reenlisted for a period of 3 years.  On 21 October 1963, he was released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 for this period of service shows he was awarded or authorized the Army Good Conduct Medal and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  On 12 May 1964, he reenlisted in the Regular Army for a period of 3 years.  On 27 April 1967, he was discharged for the purpose of immediate reenlistment.  His DD Form 214 for this period of service shows he was awarded or authorized the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  On 28 April 1967, he reenlisted in the Regular Army.  

7.  His DA Form 20 (Enlisted Qualification Record) shows the following:

	a.  Item 31 (Foreign Service), he served two 13-month tours in Korea (July 1959 to August 1960 and June 1964 to July 1965) and in Vietnam from 4 December 1967 to 19 July 1968;

	b.  Item 38 (Record of Assignments) – 

* he served as a supply sergeant in Vietnam with the 2nd Battalion, 8th Cavalry Regiment, from 7 December to 15 December 1967 and with the 3rd Battalion, 8th Cavalry Regiment, from 16 December 1967 to 20 July 1968 
* he was in a patient status beginning on 21 July 1968; however, the circumstances surrounding his hospitalization are unknown
* he received "excellent" conduct and efficiency ratings throughout his active duty service  

	c.  Item 40 (Wounds), no entries were recorded; and 

	d.  Item 41 (Awards and Decorations), the Purple Heart, Army Commendation Medal, Combat Infantryman Badge, and Air Medal are not listed.

8.  General Orders Number 13834, issued by Headquarters, 1st Cavalry Division on 9 November 1968, awarded him the Army Commendation Medal for service during the period December 1967 to December 1968.

9.  General Orders Number 354, issued by Headquarters, U.S. Army Training Center, Fort Campbell, KY on 21 April 1970, as amended, awarded him the Army Good Conduct Medal (2nd Award) for the period 12 May 1964 to 11 May 1967.

10.  His record is void of any unfavorable information or a unit commander's disqualification that would have precluded him from being awarded the third award of the Army Good Conduct Medal for the period 12 May 1967 to 11 May 1970.

11.  General Orders Number 43, issued by Headquarters, Third U.S. Army, Fort McPherson, GA on 30 January 1973, awarded him the Army Commendation Medal for service during the period 23 December 1970 to 16 January 1973.

12.  There is no evidence in his available military records indicating he was treated for a combat-related wound or awarded the Purple Heart for wounds received in Vietnam.  His record is also void of orders or any other evidence indicating he was awarded the Combat Infantryman Badge and/or the Air Medal. Further, there is no evidence in his military records, such as flight records, indicating he was ever on flying status or that his combat duties required him to fly.  

13.  He was retired by reason of physical disability on 16 January 1973.  His 
DD Form 214 for this period of service shows he was awarded or authorized the:

* National Defense Service Medal with one oak leaf cluster
* Army Good Conduct Medal (Second Award)
* Vietnam Service Medal
* Vietnam Campaign Medal 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* one overseas service bar

14.  A review of the Adjutant General's Office Casualty Division's Vietnam casualty roster does not list the applicant as being wounded as a result of hostile action.

15.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 general orders that awarded the applicant the Purple Heart or the Air Medal.

16.  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 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.

	b.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

	c.  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.

	d.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	e.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for four campaigns.  

17.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that during his assignment to the 2nd Battalion, 8th Cavalry, this unit was cited in general orders for the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969.

DISCUSSION AND CONCLUSIONS:

1.  General orders show on two occasions he was awarded the Army Commendation Medal.  Therefore, his DD Form 214 for the period ending 
16 January 1973 should be corrected to show the Army Commendation Medal (Second Award).  

2.  His service in Korea qualifies him for the Korea Defense Service Medal.  Therefore, he is authorized to have this medal listed on his DD Form 214 for the period ending 16 January 1973.

3.  He received all "excellent" conduct and efficiency ratings throughout his active duty service and his records are void of derogatory information or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (Third Award).  Therefore, it would be appropriate to award him the third award of the Army Good Conduct Medal for the period 12 May 1967 to 11 May 1970 and to correct his DD Form 214 for the period ending 16 January 1973 to show this award.

4.  His DD Form 214 for the period ending 25 October 1960 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-1) and the Marksman Marksmanship Qualification Badge with Carbine Bar.  Accordingly, it would be appropriate to correct his DD Form 214 for the period ending 16 January 1973 by adding these marksmanship badges.

5.  He was awarded the Vietnam Service Medal and he participated in four campaigns during his service in Vietnam.  Therefore, he is authorized four bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 for the period ending 16 January 1973 to show these bronze service stars.

6.  Department of the Army Pamphlet 672-3 shows his unit in Vietnam was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 for the period ending 16 January 1973 should be corrected to show this unit award.

7.  His DA Form 20 contains no entries indicating he was wounded in action and there is no evidence in his military records that indicates he was treated for a combat-related wound.  His name is not listed on the Vietnam casualty roster.  The governing regulation requires that substantiating evidence must be provided to verify the injury was the result of hostile action and that the injury required treatment by medical personnel.  There is no such evidence in his military records and he did not provide sufficient evidence to show his entitlement to this award.

8.  There is no evidence indicating he was awarded the Combat Infantryman Badge.  In addition, the evidence shows he was assigned to a cavalry unit during his service in Vietnam and that he was performing duties as a supply sergeant.  Therefore, there is an insufficient basis for awarding him the Combat Infantryman Badge.

9.  There is no evidence indicating he was awarded the Air Medal and his record is void of evidence indicating he was ever on flying status or that his combat duties required him to fly.  Therefore, there is no basis for awarding him the Air Medal or adding it to his DD Form 214.

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.  awarding him the Army Good Conduct Medal (Third Award) for the period 12 May 1967 to 11 May 1970 and
	b.  amending his DD Form 214 for the period ending 16 January 1973 by deleting the Army Good Conduct Medal (Second Award) and the Vietnam Service Medal and adding the:
	
* Army Commendation Medal (Second Award)
* Korea Defense Service Medal
* Army Good Conduct Medal (Third Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-1)
* Marksman Marksmanship Qualification Badge with Carbine Bar
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 adding to his DD Form 214 for the period ending 16 January 1973 the Purple Heart, Combat Infantryman Badge, and Air 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)                                         AR20140013973



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ABCMR Record of Proceedings (cont)                                         AR20140013973



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