RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  18 November 2003
	DOCKET NUMBER:  AR2003084972

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Mark D. Manning		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his records be corrected to show award of the Purple Heart, additional awards of the Air Medal, the Army Commendation Medal (ARCOM), the Combat Infantryman Badge (CIB), and all other authorized awards.

2.  The applicant states that through administrative error all of his authorized awards were not shown on his DD Form 214 (Report of Transfer or Discharge).  He states that he was wounded by an anti-personnel device and was injured by a rifle butt that cracked his teeth and upper jaw.  Both of these events occurred while a member of the 2/28th Infantry.  He also should have received more than twelve awards of the Air Medal based on his combat assaults and a second discharge certificate for his service between 29 January 1969 and 29 November 1971.

3.  The applicant provides copies of documents from his military records in support of his application.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of his DD Form 214, which occurred on 29 November 1971.  The application submitted in this case is dated 15 January 2003.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records show that he was inducted and entered active duty on 24 May 1968.  After completion of training he was assigned to Vietnam as an infantryman effective 22 November 1968.  He was assigned as a rifleman to the 2/28th Infantry effective 1 December 1968.  His DA Form 20 (Enlisted Qualification Record) shows that he was awarded the CIB by Special Order 356, dated 21 December 1968, by the 1st Infantry Division.

4.  He was discharged effective 28 January 1969 in order to reenlist for assignment as a helicopter door gunner.  The applicant provided a copy of his discharge certificate.  His DD Form 214 for this period of service shows the National Defense Service Medal (NDSM), the CIB, and the Vietnam Service Medal as authorized awards.  Effective 7 February 1969, he was assigned to the 173rd Assault Helicopter Company as a door gunner.  On 18 March 1969 he was awarded the ARCOM for meritorious achievement on 4 January 1969.

5.  On 17 May 1969 he was awarded the basic award of the Air Medal for flying duties from 13 to 25 February 1969.  On 14 August 1969 he was awarded the first through eleventh oak leaf clusters for the Air Medal for flying duties from 26 February to 9 July 1969.  These are his last awards of the Air Medal by orders and as shown on his DA Form 20.  There are no flight records available for review.

6.  Effective 20 November 1969 he returned from Vietnam.  Effective 29 November 1971 he was separated from active duty and transferred to the Army Reserve.  His separation physical on 2 November 1971 states only that he had a deformity of the 5th digit of his right hand secondary to an injury in Vietnam in 1968.  He was found qualified for separation without physical limitations.  There are no additional medical records available.  The applicant stated that he did not receive an Honorable Discharge Certificate for this period of service.

7.  His DD Form 214 for this period of service does not list the CIB or NDSM shown on his previous DD Form 214 or his ARCOM awarded on 18 March 1969. It also does not show entitlement to the Purple Heart.  Effective 1 May 1974 the applicant was honorably discharged from the Army Reserve.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record.  A search of the Vietnam casualty list failed to locate an entry for the applicant.

9.  Army Regulation 600-8-22 provides, in pertinent part, that 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.  The regulation also provides that Arabic numerals are used for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

10.  Army Regulation 600-8-24 shows that while the applicant was assigned to Vietnam he participated in four campaigns.  The regulation also provides that a bronze service star is authorized for the Vietnam Service Medal for each campaign participated in.

11.  Department of the Army Pamphlet 672-3 shows that the applicant's unit while he was assigned was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal.

12.  Army Regulation 635-5 provides the policy for the preparation of separation documents including the Honorable Discharge Certificate.  It states that all soldiers receiving an honorable discharge will be issued an Honorable Discharge Certificate.

DISCUSSION AND CONCLUSIONS:

1.  In the absence of records which show that the applicant was wounded or treated for wounds as the result of hostile action, there is insufficient evidence upon which to base an award of the Purple Heart.

2.  The applicant was awarded the ARCOM, the CIB, and the NDSM and his records should be corrected accordingly.

3.  The applicant was awarded the basic Air Medal and eleven oak leaf clusters.  Under the numeral system, with the first oak leaf cluster equaling numeral "2", the applicant's records should be corrected to show the numeral "12" associated with the Air Medal.  There is insufficient evidence available to determine if the applicant is entitled to any additional awards of the Air Medal.

4.  The applicant participated in four campaigns and is entitled to four bronze service stars associated with the Vietnam Service Medal.

5.  The records show that the applicant is entitled to awards the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal.

6.  The applicant received his final discharge orders with an effective date of 1 May 1974 and he should be provided an Honorable Discharge Certificate for that period of service.

BOARD VOTE:

__js___  ___be___  __mm___  GRANT 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 and to excuse the failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  correcting his record of separation, dated 29 November 1971, to show that he was awarded the Air Medal with numeral "12", the ARCOM, the CIB, the NDSM, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal; and

	b.  issuing him an Honorable Discharge Certificate based on his discharge from the Army Reserve effective 1 May 1974.

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 the Purple Heart and additional awards of the Air Medal beyond the numeral "12."

		_John N. Sloan_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003084972	
SUFFIX		
RECON		
DATE BOARDED	20031118	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT (PARTIAL)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.