IN THE CASE OF: BOARD DATE: 1 December 2015 DOCKET NUMBER: AR20150004108 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 award of the: * Air Medal (1st-13th Award) * Army Commendation Medal with "V" Device * Soldier's Medal * Purple Heart * Combat Infantryman Badge * Aircraft Crewman Badge 2. The applicant states his DD Form 214 needs to be corrected to show all the medals he earned. 3. The applicant provides: * DD Form 214 * letter from his battalion commander at the time in question, dated 15 February 1969 * Army Commendation Medal with "V" Device Certificate and orders * Air Medal Certificate and orders 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 29 July 1966 for a period of 3 years. He completed his training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman). He arrived in Vietnam on 6 December 1969. He was assigned to the following units during his assignment in Vietnam: * Company B, 6th Support Battalion, 11th Infantry Brigade, from 6 December 1967 to 8 March 1968 * Company B, 123d Aviation Battalion, from 9 March 1968 to 2 August 1968 * Company B, 6th Support Battalion, 11th Infantry Brigade, from 3 August 1968 to 14 August 1968 * Headquarters and Headquarters Detachment, 6th Support Battalion, 11th Infantry Brigade, from 15 August 1968 to 14 February 1969 * Headquarters and Band Support Command, Americal Division, from 15 February 1969 to 2 March 1969 3. Headquarters, Americal Division, General Orders Number 4077, dated 12 July 1968, awarded him the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period 22 March 1968 to 18 April 1968. 4. Headquarters, Americal Division, General Orders Number 4742, dated 25 July 1968, awarded him the Army Commendation Medal with "V" Device for heroism in the Republic of Vietnam on 12 May 1968. A portion of the narrative reason states his "aircraft received numerous hits but he relentlessly continued to fire into the enemy positions." 5. Headquarters, Americal Division, Special Orders Number 217, dated 4 August 1968, awarded him the Aircraft Crewman Badge. 6. Records show he participated in six campaigns during his assignment in Vietnam. 7. On 7 March 1969, he was honorably released from active duty. 8. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal * two overseas service bars * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * "GCMDL v Device" (properly known as the Army Good Conduct Medal) * "Soldier V" (properly known as the Soldier's Medal) 9. Since the Soldier's Medal is shown on his DD Form 214, this portion of his request will not be discussed further in this Record of Proceedings. 10. There are no orders for the Purple Heart, Combat Infantryman Badge, or 12 additional awards of the Air Medal in the applicant's available records. 11. His name is not listed on the Vietnam casualty roster. 12. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank and item 41 (Awards and Decorations) does not show the Purple Heart as an authorized award. 13. 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 or additional awards of the Air Medal pertaining to the applicant. 14. He provided a letter from his battalion commander at the time in question, dated 15 February 1969, which states his decorations included: * 13 Air Medals * Army Commendation Medal for valor * Soldier's Medal for valor * Purple Heart * Combat Infantryman Badge * Aircraft Crewman Badge 15. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal. 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. a. 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. b. 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. U.S. Army Vietnam Regulation 672-1 also provided for award of the Combat Infantryman Badge during the Vietnam era. Appendix V stated the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. 17. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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. b. A bronze service star is worn on the Vietnam Service Medal for each credited campaign. A silver service star is authorized in lieu of five bronze service stars. 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 the 6th Support Battalion, 11th Infantry Brigade, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 2 November 1968 to 28 February 1969 by Department of the Army General Orders Number 51, dated 1971. DISCUSSION AND CONCLUSIONS: 1. Although the applicant contends he is entitled to 13 awards of the Air Medal, available orders show he was awarded the basic award of the Air Medal. Since there are no orders for 12 additional awards of the Air Medal, his DD Form 214 should be corrected to show one award of the Air Medal. 2. Orders show he was awarded the Army Commendation Medal with "V" Device. His DD Form 214 does not show this medal. His DD Form 214 should be corrected to show award of the Army Commendation Medal with "V" Device. 3. The evidence of record shows the applicant held and served in an infantry MOS while he was assigned to an infantry brigade in Vietnam. In addition, he was awarded the Army Commendation Medal for valor on 25 July 1968 in Vietnam. The evidence of record is sufficient on which to base awarding him the Combat Infantryman Badge and adding award of the Combat Infantryman Badge to his DD Form 214. 4. Orders show he was awarded Aircraft Crewman Badge. His DD Form 214 should be corrected to show this badge. 5. He participated in six campaigns during his assignment in Vietnam which authorizes him award of the Vietnam Service Medal with one silver service star and one bronze service star. His DD Form 214 does not show any service stars with his award of the Vietnam Service Medal. His DD Form 214 should be corrected to show these service stars. 6. The 6th Support Battalion, 11th Infantry Brigade, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citations during the period in which he was assigned. His DD Form 214 does not show this unit award. His DD Form 214 should be corrected to show this unit award. 7. His request to add the Purple Heart to his DD Form 214 and the letter from his battalion commander were noted. Army Regulation 600-8-22 establishes basic requirements for award of the Purple Heart. The Purple Heart requires evidence to verify the wound was the result of hostile action, treatment of the wound by military medical personnel, and documentation of the wound in official records. 8. There is no evidence of record showing he was wounded as a result of hostile action in Vietnam. Based on the available evidence, he does not meet the eligibility criteria for award of the Purple Heart. 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: a. awarding him the Combat Infantryman Badge for action in ground combat against a hostile force in the Republic of Vietnam on 25 July 1968, b. deleting the award entries "VSM," "GCMDL v Device," and "SOLDIER V" from his DD Form 214, and c. adding the following awards to his DD Form 214: * Soldier's Medal * Air Medal * Army Commendation Medal with "V" Device * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with one silver service star and one bronze service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Combat Infantryman Badge * Aircraft Crewman Badge 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 award of the Purple Heart or 12 additional awards of the 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) AR20150004108 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004108 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1