IN THE CASE OF:  	  

		BOARD DATE:  21 May 2015	  

		DOCKET NUMBER:  AR20140017637 


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:

	a.  his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the:

* Bronze Star Medal (BSM) with "V" Device
* BSM
* Army Commendation Medal (ARCOM)
* two Air Medals
* Purple Heart

	b.  his DA Form 20 (Enlisted Qualification Record) to show he completed the Combat Leaders Course.

2.  The applicant states:

* the above-mentioned awards are missing from his DD Form 214
* his wounds are annotated in item 40 (Wounds) of his DA Form 20
* the Combat Leaders Course is not annotated on his DA Form 20
* he recently reviewed his military records and realized his records were not accurate



3.  The applicant provides:

* memorandum from the Commanding General, 101st Airborne Division, undated, subject:  Brave Eagle Coin
* memorandum from Headquarters, 101st Airborne Division, dated 2 August 1969, subject:  Letter of Commendation
* ARCOM Citation
* BSM with "V" Device orders
* page 4 of his DA Form 20
* another Soldier's BSM and Air Medal Certificates

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 was inducted into the Army of the United States on 24 June 1968.  His DA Form 20 shows:

	a.  he served as a light weapons infantryman assigned to Headquarters and Headquarters Company, 1st Battalion, 502nd Infantry Regiment, in Vietnam from 22 December 1968 to 19 January 1969;

	b.  he was assigned to Company B, 1st Battalion, 502nd Infantry Regiment, in Vietnam from 20 January to 25 November 1969;

	c.  the entry "Shratnum [shrapnel] Right Arm Left Hand" in item 40; and

	d.  no entries for award of the Purple Heart, Air Medal, or ARCOM in item 41 (Awards and Decorations).

3.  He provided an ARCOM Citation for meritorious achievement in the Republic of Vietnam during the period 1 January to 31 May 1969.

4.  Headquarters, 101st Airborne Division General Orders Number 9557, dated 24 July 1969, awarded him the BSM with "V" Device for heroism in ground combat in the Republic of Vietnam on 21 May 1969.

5.  He provided a letter of commendation on behalf of the Commanding General, 101st Airborne Division, dated 2 August 1969, which states the applicant was selected as the honor graduate of the Screaming Eagle Combat Leaders Course, Class Number 53, at Biên Hòa Army Base, Vietnam.

6.  Headquarters, 101st Airborne Division (Airmobile), General Orders Number 14685, dated 10 December 1969, awarded him the BSM with 1st Oak Leaf Cluster for meritorious service in the Republic of Vietnam during the period 1 February to 30 November 1969.

7.  On 24 June 1970, he was honorably released from active duty.

8.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* two overseas service bars
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Combat Infantryman Badge (1st Award)
* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation

9.  He provided copies of another Soldier's BSM and Air Medal Certificates.  The applicant contends they were in the same unit and named in the same orders for these awards.

10.  There are no orders for award of the Purple Heart, Air Medal, or ARCOM in his available records and he did not provide copies of these orders.

11.  The applicant's name does not appear on the Vietnam casualty roster.

12.  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 any orders for the Purple Heart, Air Medal, or ARCOM pertaining to the applicant.

13.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal during the period in question.  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.

14.  Combat missions were divided into three categories.  A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force or delivery of friendly troops or supplies into the immediate combat operations area.  A category II mission was characterized by support rendered a friendly force immediately before, during, or immediately following a combat operation.  A category III mission was characterized by support of friendly forces not connected with an immediate combat operation but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire or under hazardous weather or terrain conditions.

15.  To be recommended for award of the Air Medal, an individual must have completed a minimum of 25 category I missions, 50 category II missions, or 100 category III missions.  Since various types of missions would have been completed in accumulating flight time toward award of an Air Medal for sustained operations, different computations would have had to be made to combine category I, II, and III flight times and adjust it to a common denominator.

16.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.

17.  Army Regulation 600-8-22 states the ARCOM 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.

18.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, prescribed instructions for preparing and maintaining the DA Form 20.  This chapter was applicable to all enlisted personnel serving on active duty and all Army Reserve enlisted personnel assigned to U.S. Army Reserve troop program units.  The instructions 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.

19.  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 the 1st Battalion, 502nd Infantry Regiment, was awarded the:

* Valorous Unit Award for actions during the period 12 March to 8 May 1969 by Department of the Army General Orders (DAGO) Number 2, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 15 August 1968 to 14 May 1969 by DAGO Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period 18 March 1968 to 2 May 1970 by DAGO Number 48, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded two BSMs, one for valor and one for meritorious service.  Therefore, his DD Form 214 should be corrected to show award of the BSM (2nd Award) and "V" Device.

2.  Although there are no orders for award of the Purple Heart in his available records, the entry in item 40 of his DA Form 20 verifying he was wounded in action is accepted as sufficient evidence to base adding award of the Purple Heart to his DD Form 214.

3.  There are no orders for award of any Air Medals in his available records.  Therefore, there is insufficient evidence on which to base adding two awards of the Air Medal to his DD Form 214.

4.  There are no orders for award of the ARCOM in the available records.  In the absence of orders, the ARCOM Citation provided by the applicant is not sufficient as a basis for adding the ARCOM to his DD Form 214.

5.  The applicant's request to amend his DA Form 20 to show he completed the Combat Leaders Course was noted.  However, the DA Form 20 was prepared and maintained for assignment management of Army enlisted personnel.  As he no longer has a military status, there is no basis for making any changes to his DA Form 20.

6.  His unit was awarded the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 adding award of the BSM (2nd Award) with "V" Device, Purple Heart, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.

2.  The Board further determined 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 award of two Air Medals and the 


ARCOM to his DD Form 214 or amending his DA Form 20 to show completion of the Combat Leaders Course.



      _______ _   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)                                         AR20140017637



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ABCMR Record of Proceedings (cont)                                         AR20140017637



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