RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: December 4, 2003
         DOCKET NUMBER: AR2003089876

         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. Luis Almodova		Analyst

The following members, a quorum, were present:

Mr. Walter T. Morrison		Chairperson
Mr. Allen L. Raub		Member
Mr. Kenneth W. Lapin		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, in effect, that the Air Medal be added to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.

2. The applicant states, in effect, that he flew on a helicopter four or five times a week and he would like to have all his awards for his family.

3. The applicant provided a copy of his DD Form 214 to support his application.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error which occurred on 21 August 1969. The application submitted in this case is dated 1 April 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 enlisted in the Regular Army, for 3 years, on 22 August 1966. He completed basic combat training at Fort Jackson, South Carolina, and his advanced individual training at Fort Gordon, Georgia. After completing all required training, he was awarded the military occupational specialty (MOS), 72B (Communications Center Specialist).

4. On 30 October 1967, the applicant was assigned to Vietnam. On 5 November 1967, he was assigned to Company A, 36th Signal Battalion. On 10 December 1967, he was assigned to Company C, 459th Signal Battalion, and on 10 January 1968, he was assigned to Company A, 523rd Signal Battalion. In each of the units to which he was assigned, he performed the duties of Communications Center Specialist, duty MOS 72B20. The applicant served with Company A, 523rd Signal Battalion, until 29 October 1968, when he was returned to the United States for assignment to Fort Bragg, North Carolina.

5. The applicant was honorably released from active duty, on 21 August 1969, at the expiration of his term of service, under the provisions of Army Regulation (AR) 635-200, in the rank and pay grade of Specialist Four, E-4, with 3 years active military service.

---

6. Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, shows the applicant earned the following awards: the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal; and the Good Conduct Medal. The Air Medal is not shown on the DD Form 214.

7. There are no orders or citations available in the applicant's service personnel record to show that he was awarded the Air Medal. There is no entry in Item 41 (Awards and Decorations), of the applicant's DA Form 20, showing that he was awarded the Air Medal. A search was made for orders awarding him the Air Medal; however, this search failed to reveal that such orders were published.

8. There are no orders in the applicant's service personnel record assigning him to either crewmember or non-crewmember duties aboard military aircraft.

9. There is no DA Form 759, Individual Flight Record and Flight Certificate-Army, in the applicant's service personnel record to indicate that he accumulated any hours in flight while he was in Vietnam on either a crewmember or non-crewmember status.

10. The applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) in Paragraph 2, Special Orders 57, published by Headquarters, 327th Signal Battalion, Fort Bragg, North Carolina, dated 10 April 1969. This qualification badge does not appear on the applicant's DD Form 214.

11. While in Vietnam, the applicant participated in the following four campaigns: the Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968; the Tet Counteroffensive, which extended from 30 January through 1 April 1968; the Vietnam Counteroffensive, Phase IV, which extended from 2 April through 30 June 1968; and the Vietnam Counteroffensive, Phase V, which extended from 1 July through 1 November 1968.

12. The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the number of bronze service stars to which the applicant is entitled for campaign participation.

13. AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

---

14. Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the units that the applicant was assigned to while in Vietnam, all subordinate unit of the US Army Vietnam: Company A, 36th Signal Battalion; Company C, 459th Signal Battalion; and Company A, 523rd Signal Battalion; were awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 8 February 1962 to 28 March 1973, under the "blanket authority" of General Order (DAGO) Number 8, dated 1974. This unit award is not shown on his DD Form 214 because it was not approved and awarded to these units until after he was released from active duty.

15. DA Pamphlet 672-3, shows that Company A, 36th Signal Battalion, was awarded the Meritorious Unit Commendation, for the period 1 July 1968 through 31 December 1969, by DAGO 48, dated 1971. This unit award is not shown on his DD Form 214 because it was not approved and awarded to his unit until after he was released from active duty.

16. AR 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.

17. AR 600-8-22, in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.

DISCUSSION AND CONCLUSIONS:

1. There is no evidence, and the applicant has provided none, that he was awarded the Air Medal while he served in Vietnam. He is therefore ineligible to have this award added to his DD Form 214 at this time.

2. The applicant participated in four campaigns during his tour of duty in Vietnam. He is therefore entitled to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to have it shown on his separation document.

3. The applicant served in units, subordinate to the US Army Vietnam. The US Army Vietnam, and its subordinate units, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation. This unit award is not shown on his DD Form 214 because it was awarded after the applicant was released from active duty. He is entitled to this unit award and to have it added to his DD Form 214 at this time.

4. The unit the applicant served with in Vietnam, Company A, 36th Signal Battalion, was cited for award of the Meritorious Unit Commendation, at the time he was member of the unit. He is therefore eligible to have this unit award added to his DD Form 214 at this time.

5. The applicant qualified expert with his assigned M-14 rifle. Orders announcing this qualification were published and are in his service personnel record. This qualification badge is not shown on his DD Form 214. It would be appropriate to add this badge to his separation document at this time.

BOARD VOTE:

__KL___ __AR___ __WTM___ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse 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. awarding the applicant four bronze service stars to be affixed to his already-awarded Vietnam Service Medal;

         b. awarding the applicant the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and the Meritorious Unit Commendation and adding these unit awards to his DD Form 214; and

         c. adding the already-awarded Expert Marksmanship Qualification Badge, with Rifle Bar (M-14), to the applicant's DD Form 214.

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 applicant's request to
have Air Medal added to his DD Form 214.





                  Walter T. Morrison
                                             CHAIRPERSON

---

INDEX

CASE ID	AR2003089876
SUFFIX
RECON
DATE BOARDED
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 64	107.0018
3.
4.
5.
6.