IN THE CASE OF:	  

		BOARD DATE:	  1 September 2015

		DOCKET NUMBER:  AR20150001196


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:
	
* Bronze Star Medal with "V" Device
* Purple Heart
* Air Medal
* Army Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* "Combat Medal"
* Air Assault Medal (interpreted to mean the Air Assault Badge)
* any unit awards the 61st Assault Helicopter Company may have been authorized

2.  The applicant states he wants all the medals and decorations he was never awarded as a result of his service in the Republic of Vietnam, along with the decorations earned by his unit, the 61st Assault Helicopter Company. 

3.  The applicant provided the following documents:

* DD Form 214
* Letter Orders Number 10-1218400, issued by the Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center on 6 October 1971
* ten pages of photographs
* a single newspaper article
* seven pages of medical documents
* Vietnam Combat Certificate, issued by the 1st Aviation Brigade, for the period 13 July 1970 to 5 July 1971
* one bio page
* VA Form 21-4138 (Department of Veteran Affairs (VA) – Statement in Support of Claim)
* letter from a Readjustment Counselor, dated 27 October 1998
* letter from a psychiatrist at the VA South Texas Veterans Health Care System, San Antonio, TX, dated 17 December 1998
* two-page internet history of the 61st Assault Helicopter Company
* ten pages of a self-authored description of an injury and history
* eight pages describing an October 1970 event in Vietnam, dated 25 July 1982 

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 20 October 1969.  After completing his initial entry training, he was awarded military occupational specialty 68G (Aircraft Components Repairer Apprentice).    

3.  He served in the Republic of Vietnam from 9 July 1970 to 7 July 1971, where he was assigned to the 61st Aviation Company (Assault Helicopter).  

4.  He was honorably released from active duty on 8 July 1971 and transferred to the U.S. Army Reserve.  His DD Form 214 shows he completed 1 year, 
8 months, and 19 days of active service and held the rank and grade of specialist five/E-5.  His DD Form 214 further shows he was awarded or authorized the:

* Army Commendation Medal 
* National Defense Service Medal
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* two overseas service bars

5.  There are no orders or any other evidence in his available military records, nor does he provide any evidence that indicates he was:

* awarded the Purple Heart or treated for a documented combat-related wound
* awarded or recommended for the Bronze Star Medal with "V" Device, the Air Medal, the Air Assault Badge, or a "Combat Medal"

6.  A review of the Vietnam casualty roster, published by the Adjutant General's Office and maintained by the U.S. Army Human Resources Command (HRC), failed to reveal the applicant's name as a combat casualty.

7.  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 HRC, failed to reveal any orders pertaining to the applicant.

8.  His record is void of documentation that shows he was awarded the Army Good Conduct Medal; however, it is also void of a commander's disqualification statement related to an initial award of the Army Good Conduct Medal, or documentation that shows he was subject to any disciplinary or derogatory actions during his period of service, including court-martial convictions under the Uniform Code of Military Justice. 

9.  The applicant provides:

     a.  ten pages of photographs, with captions, that show Army helicopters and equipment in a field environment along with several Soldiers including himself.

     b.  eight typed pages describing an October 1970 event in Vietnam, dated 25 July 1982, wherein the applicant describes a helicopter taken down by enemy fire; he was a member of the team that retrieved the helicopter.    

     c.  seven pages of medical documentation that list medications he has received as well as a progress report that shows his medical problems.

     d.  a letter from a readjustment counselor, dated 27 October 1998, that discusses his medical conditions and his diagnosis of post-traumatic stress disorder (PTSD).  Also, a letter from a VA psychiatrist, dated 17 December 1998, which states he is being treated for PTSD which was the rationale for his being excused from juror duties.  

     e.  ten pages that include his personal history and an event in which he states he was injured.  He states the injury took place at the Lane Army Heliport Compound, sometime in the first week of August 1970.  He was in a guard tower while pulling guard duty and the compound was assaulted by small arms and rocket fire.  At some point during the incident, he was ordered off the tower to the shelter of a bunker by the Sergeant of the Guard.  While carrying his M-60 and coming down the ladder, he lost a step and fell back and hit his head and fell.  He states he hurt his head, the left side of his rib cage, and had blurry vision.  After things calmed down, the Sergeant of the Guard told him to go see the medics.  The medical clinic gave him pain killers for his pain, put stiches in his middle finger on his right hand for a cut, and bandaged his rib cage area.  To this day, he still has problems with his ribs and chest and has severe headaches. 

     f.  A two-page internet history of the 61st Aviation Company (Assault Helicopter) during the year 1970.    

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

	a.  The Bronze Star Medal is awarded in time of war for heroism (distinguished with a "V" device) 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 (emphasis added).  

      (1)  Title 10, U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

      (2)  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command (AHRC-PDP-A), 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

     b.  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.

	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 Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.

	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 the following two campaigns:

* Vietnam Counteroffensive, Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July 1971 - 30 November 1971)

	f.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

11.  Army Regulation 600-8-22 does not identify the "Combat Medal" as an authorized award.  

12.  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 and, 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  

13.  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 61st Aviation Company (Assault Helicopter), it was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 28 October 1970 to 6 December 1970, by Department of the Army General Orders (DAGO) Number 24, dated 1972.  

14.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions and supporting documentation have been carefully reviewed and considered.

2.  He served honorably from 20 October 1969 to 8 July 1971.  Although his record does not contain any documentation evaluating his conduct and efficiency ratings, there is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the Army Good Conduct Medal.  Additionally, it is reasonable to assume his performance was excellent as he was promoted to the rank of specialist five.  Therefore, as a matter of equity, it would be appropriate to award him the Army Good Conduct Medal (1st Award), for the period 20 October 1969 to 8 July 1971 and to correct his DD Form 214 to show this award.

3.  He participated in two campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his previously-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  He served a qualifying period of service for the Republic of Vietnam Campaign Medal with Device (1960).  This foreign service medal is not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show it.  

5.  His unit in the Republic of Vietnam was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, this unit award should be added to his DD Form 214.  

6.  DAGO Number 8, dated 1974, cited all units in the Republic of Vietnam for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his service in the Republic of Vietnam; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

7.  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 that the injury was the result of hostile action, that the injury required treatment by medical personnel, and that the medical treatment must have been made a matter of official record.  In the absence of such evidence, his personal statement is insufficient evidence on which to base awarding the Purple Heart and/or correcting his DD Form 214 to show this award.

8.  There are no orders or any other evidence indicating he was awarded the Bronze Star Medal with "V" Device, Air Medal, or the Air Assault Badge.  Therefore, there is no basis to correct his DD Form 214 to show these awards.

9.  While the available evidence is insufficient for correcting his DD Form 214 to show he was awarded the Bronze Star Medal with "V" Device, this in no way affects his right to pursue his claim for this award by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

10.  He also requests correction of his DD Form 214 to show the "Combat Medal" which is not identified in Army Regulation 600-8-22 as an award.  Therefore, there is no basis to award or correct his DD Form 214 in this regard. 

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 (1st Award) for the period 
20 October 1969 to 8 July 1971 and

     b.  amending his DD Form 214 by deleting the Vietnam Service Medal and adding the:

* Army Good Conduct Medal (1st Award) 
* Vietnam Service Medal with two bronze service stars 
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* 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 correcting his DD Form 214 to show he was awarded or authorized the Bronze Star Medal with "V" Device, Purple Heart, Air Medal, Air Assault Badge, or a "Combat 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)                                         AR20130005233



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ABCMR Record of Proceedings (cont)                                         AR20150001196



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