ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  25 MARCH 2019

	DOCKET NUMBER:  AR20180000792


APPLICANT REQUESTS:  in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by adding the Distinguished Flying Cross, two awards of the Bronze Star Medal (with "V" Device), two awards of the Air Medal with "V" Device and additional Oak Leaf Clusters, the Army Commendation Medal with "V" Device, and the Purple Heart.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Selection of Assignment to Vietnam
* Letter from the Army Board for Correction of Military Records, dated 24 October 2007
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 22 October 1970

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states he requested the awards to support his veterans claim.  He is unable to obtain full benefits because of a lack of documents.  He states the Department of Veterans Affairs did list the Purple Heart in 1978.  

3.  The applicant's complete military service record is not available for review.  This case is being considered based on the documents he provides and the limited records available in his Official Military Personnel File.

4.  With prior enlisted service in the Regular Army, on 23 April 1968, the applicant was appointed as a warrant officer.  On 22 October 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  The DD Form 214 issued at that time shows he served as a rotary wing pilot and he had served in Vietnam from 8 November 1968 through 7 December 1969.

5.  The available records are void of orders announcing awards given to him.  The available records are also void of documentation showing he was wounded as a result of hostile action.

6.  His DD Form 214 for the period ending 22 October 1970 shows he was awarded:

* Vietnam Service Medal
* Air Medal (1st Oak Leaf Cluster)
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* two Overseas Service Bars

7.  Effective 23 June 1987, he was honorably discharged from the Ready Reserve.  

8.  He submitted an application to the Army Board for Correction of Military Records (AR20070008365) in 2007.  At that time, there were insufficient records available for the Board to fully and fairly review his case, and the case was administratively closed without Board action.  

9.  Review of the Awards and Decorations Computer Assisted Retrieval System, a repository of award orders issued by headquarters in Vietnam maintained by the U.S. Army Human Resources Command, did not locate orders pertaining to him.  

10.  The applicant's name does not appear on the Vietnam Casualty Roster.

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

     a.  The Distinguished Flying Cross is awarded to any person who, while serving in any capacity with the Army of the United States, distinguished himself or herself by heroism or extraordinary achievement while participating in aerial flight.  The performance of the act of heroism must be evidenced by voluntary action above and beyond the call of duty.  The extraordinary achievement must have resulted in an accomplishment as exceptional and outstanding as to clearly set the individual apart from his or her comrades or from other persons in similar circumstances. Awards will be made only to recognize single acts of heroism or extraordinary achievement and will not be made in recognition of sustained operational activities against an armed enemy.

     b.  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.  

     c.  The Bronze Star Medal is awarded in time of war for heroism 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.  

     d.  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.  

     e.  The Army Commendation Medal 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.  

     f.  The bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  Although more than one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one “V” device may be worn on awards of these medals.

     g.  Award of personal decorations requires formal recommendations, approval through the chain of command, and announcement in orders.

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief.  The applicant’s contentions were carefully considered.  Based upon the preponderance of evidence, the Board agreed his record is absent evidence that shows he was authorized, awarded, or entitled to any of the requested decorations.  


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.


	 
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.


ADMINISTRATIVE NOTE(S):  

The applicant is authorized awards that are not recorded on his DD Form 214 for the period ending 22 October 1970.  Amend this DD Form 214 by deleting the Vietnam Service Medal and adding:

* Vietnam Service Medal with four Bronze Service Stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 600-8-22 provides the criteria for military awards and procedures for recommendation and approval of individual awards.
     a.  The Distinguished Flying Cross is awarded to any person who, while serving in any capacity with the Army of the United States, distinguished himself or herself by heroism or extraordinary achievement while participating in aerial flight.  The performance of the act of heroism must be evidenced by voluntary action above and beyond the call of duty.  The extraordinary achievement must have resulted in an accomplishment as exceptional and outstanding as to clearly set the individual apart from his or her comrades or from other persons in similar circumstances. Awards will be made only to recognize single acts of heroism or extraordinary achievement and will not be made in recognition of sustained operational activities against an armed enemy.

     b.  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.  
     c.  The Bronze Star Medal is awarded in time of war for heroism 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.  
     d.  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.  
     e.  The Army Commendation Medal 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.  
     f.  The bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  Although more than one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one “V” device may be worn on awards of these medals.
     g.  Award of personal decorations requires formal recommendations, approval through the chain of command, and announcement in orders.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180000792
0

4


1