IN THE CASE OF: BOARD DATE: 3 MARCH 2016 DOCKET NUMBER: AR20150007610 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 3 MARCH 2016 DOCKET NUMBER: AR20150007610 BOARD DETERMINATION/RECOMMENDATION: 1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20080000918, dated 24 June 2008. 2. The evidence presented does not demonstrate the existence of a probable error or injustice with regard to the applicant’s new issue concerning the Purple Heart. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. __________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. Enclosure 1 IN THE CASE OF: BOARD DATE: 3 MARCH 2016 DOCKET NUMBER: AR20150007610 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, in effect, reconsideration of his earlier request to correct his military records by showing he was awarded the Air Medal. He further requests, as a new issue, that his records be corrected to show he was awarded the Purple Heart. 2. The applicant states in 1968 he was assigned to the 101st Airborne Division in the Republic of Vietnam (RVN). He contends that all of the men who were assigned with him received the Air Medal. He names four men. He states they were all involved in campaigns that included air assaults in hot battles. He was awarded the Vietnam Service Medal with a silver service star. He argues that his squad members received the Air Medal; therefore, he should have also received it. In a separate letter, the applicant states he was wounded in action by an enemy bullet that went hit his stomach. The wound was not life threatening. It was treated by the medic and he continued the mission. 3. The applicant provides copies of: * A photograph purporting to show him lying wounded on the ground in the Vietnamese jungle with other Soldiers being helped from the area * A DD Form 215 (Correction to DD Form 214), dated 21 August 2003 * A one-page article about the launch of Operation Caretan I, undated * A one-page article about the launch of Operation Somerset Plain, undated * A letter of support, dated 15 December 2014, from a former member of the applicant’s unit in the RVN with the signature page from his DA Form 20 (Enlisted Qualification Record); his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), DD Form 215, and Purple Heart Orders * Two letters from the applicant, dated 30 March 2015 and 4 February 2016 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. Since the applicant has a new issue for the Board to consider, in the interest of justice, it would be appropriate for the Board to reconsider, as an exception to the policy requiring submission of requests for reconsideration within 1 year of an ABCMR decision, the applicant’s issue concerning the Air Medal. 3. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080000918, dated 24 June 2008. a. This case considered the issuance of the Air Medal. The applicant provided copies of his orders for the Combat Infantryman Badge, a one-page article about the launch of Operation Somerset Plain, undated, and a DD Form 215. b. The Board reviewed the applicant’s available records which showed he had performed duty in the RVN as an infantry indirect fire crewman with Companies A and D, 2nd Battalion, 327th Infantry Regiment. There was no evidence showing that he met the duty requirements for award of the Air Medal. However, the Board advised him about the procedures to submit a request under the provisions of Title 10, U.S. Code, section 1130 (10 USC 1130). c. The Board denied the applicant’s request for award of the Air Medal. 4. A review of the applicant’s DA Form 20 shows: a. in Item 31 (Foreign Service) that he served in the RVN from on or about 6 January 1968 to 2 January 1969; b. in Item 38 (Record of Assignments) that he served as an ammunition bearer and gunner in Companies A and D, 2nd Battalion, 327th Infantry Regiment; c. in Item 40 (Wounds) no entries indicating he was wounded as a result of enemy action; d. in Item 41 (Awards and Decorations) no entries indicating he was awarded the Air Medal or Purple Heart. 5. On 30 August 1969, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214, as corrected by a DD Form 215, shows his awards as: * Parachutist Badge * Army Commendation Medal * National Defense Service Medal * Bronze Star Medal * Vietnam Service Medal with silver service star * RVN Campaign Medal with 1960 Device * RVN Civil Actions Honor Medal First Class Unit Citation * Combat Infantryman Badge * RVN Gallantry Cross with Palm Unit Citation * Marksman Marksmanship Qualification Badge with Pistol Bar * Expert Marksmanship Qualification Badge with (81 Millimeter) Mortar and Rifle Bars 6. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Air Medal or the Purple Heart. ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command. 7. The applicant’s name is not listed on the Vietnam Casualty Roster. REFERENCES: 1. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal. 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. 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. 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. Because 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. 2. Army Regulation 600-8-22 (Military Awards) states 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. 3. Title 10 USC 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. a. 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. b. 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, ATTN: 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. c. The burden and cost of researching and assembling supporting documentation rest with the applicant. DISCUSSION: 1. The applicant contends his military records should be corrected by showing he was awarded the Air Medal and Purple Heart. 2. There are no general orders available that show the applicant was awarded the Purple Heart. The applicant's name is not listed on the Vietnam Casualty Roster nor are there any wounds listed on his DA Form 20. 3. The evidence provided by the applicant indicates he may have been slightly wounded; however, he admits that he was given treatment by the medic in the field and went back to duty. Unfortunately, there is no record of the treatment. 4. There are no general orders available showing the applicant was awarded the Air Medal. There are no flight records or other documentation showing he completed the minimum number of missions required for award of the Air Medal. The applicant’s argument that he should have received the Air Medal because his fellow Soldiers received the award is without merit. Individual decorations are not awarded based on another person’s actions or awards. 5. While the available evidence is insufficient for awarding the applicant the Air Medal this in no way affects his right to pursue his claim for it by submitting a request through his Member of Congress under the provisions of 10 USC 1130. ABCMR Record of Proceedings AR20150000953 Enclosure 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150005190 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2