RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 May 2007
	DOCKET NUMBER:  AR20060016500 


	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. Gerard W. Schwartz

Acting Director

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. Hubert O. Fry

Chairperson

Mr. Thomas E. O’Shaughnessy

Member

Mr. James R. Hastie

Member

	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, correction of his discharge document to show award of the Bronze Star Medal with "V" Device and Air Medal with "V" Device (2nd Award).

2.  The applicant states, in effect, that he was awarded a second Bronze Star Medal for heroism and he has orders for two Air Medals he was awarded during his service in Vietnam; however, the awards are not shown on his discharge document.

3.  The applicant provides no additional documentary evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 17 January 1972, the date of his release from active duty (REFRAD).  The application submitted in this case is dated 19 October 2006.

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 limitations 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.  Title 10 of the United States Code, section 1130 (10 USC 1130), provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or upgrading of a decoration) either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.


4.  The applicant requests award of the Bronze Star Medal with "V" Device.  However, there are no orders or other evidence on file in his Official Military Personnel File (OMPF) that confirm his entitlement to this award.  In the absence of authority for the award, the applicant may request award of the Bronze Star Medal with "V" Device under the provisions of 10 USC 1130.  The applicant has been notified by separate correspondence of the procedures for applying for this award under 10 USC 1130.  As a result, the award will not be discussed further in this Record of Proceedings.

5.  The applicant's military service records show that the applicant enlisted for a period of 3 years in the U.S. Army on 13 February 1969.  Upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 67N (Helicopter Repairman).  The applicant's military service records show that he served in the Republic of Vietnam from
29 June 1970 to 28 June 1971 and was assigned to Company A, 227th Aviation Battalion (Airmobile), 1st Cavalry Division (Airmobile).

6.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows that he was honorably REFRAD on 17 January 1972 and transferred to the U.S. Army Reserve after completing 2 years,
11 months, and 5 days active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Commendation Medal, Air Medal with "V" Device, Basic Aviation Badge (formerly Aircraft Crew Member Badge), and 2 Overseas Service Bars.

7.  The applicant's military service records show that he enlisted in the North Carolina Army National Guard (NC ARNG) on 3 January 1975.  On 7 April 1993, the applicant was notified that he had completed the required years of service to be eligible for retired pay upon application at age 60.  The applicant continues to serve in the NC ARNG in the grade of master sergeant/pay grade E-8.

8.  The applicant's military service records contain a copy of Headquarters,
1st Cavalry Division (Airmobile) (Vietnam), General Orders Number 21508, dated 12 December 1970, which show that the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam from July 1970 to October 1970.

9.  The applicant's military service records contain a copy of Headquarters,
1st Cavalry Division (Airmobile) (Vietnam), General Orders Number 5039, dated 9 March 1971, which show that the applicant was awarded the Air Medal with "V" Device (2nd Award) for heroism while participating in aerial flight in the Republic of Vietnam on 27 February 1971.

10.  A review of the applicant's military service records reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

11.  The applicant's military service records contain copies of Headquarters,
1st Cavalry Division (Airmobile) (Vietnam), General Orders Number 2263, dated 2 February 1971, and Bronze Star Medal Citation, which show that the applicant was awarded the Bronze Star Medal for meritorious service, not involving participation in aerial flight, in connection with ground operations against a hostile enemy force in the Republic of Vietnam from July 1970 to March 1971.

12.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal and his records do not contain any adverse information during this period of service.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam.  This document shows that the applicant participated in the following 2 campaigns:  Department of the Army Sanctuary Counteroffensive and Vietnam Counteroffensive Phase VII.

14  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant's assignment to Company A, 227th Aviation Battalion (Vietnam), the unit was cited for award of the Valorous Unit Award by Headquarters, Department of the Army, General Orders Number 5 (1973), as amended by General Orders Number 14 (1979).

15.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the Company A, 227th Aviation Battalion (Vietnam), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 42 (1972), as amended by General Orders Number 11 (1973).

16.  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.

17.  Army Regulation 600-8-22 provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Air Medal, Bronze Star Medal, and Army Commendation Medal.  Although more than one award of the Air Medal, Bronze Star Medal or Army Commendation Medal may be made for heroism to the same person, the regulation provides that only one “V” device may be worn on awards of the Air Medal, Bronze Star Medal or Army Commendation Medal for heroism.  Army Regulation 600-8-22 also provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

18.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

19.  Army Regulation 600-8-22 provides, in pertinent part, that the Good Conduct Medal is awarded to individuals who distinguish themselves by their exemplary conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

20.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.

21.  Army Regulation 600-8-22 also provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, which includes the Vietnam Service Medal.

22.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Valorous Unit Award to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.  Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

23.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or attached by competent orders to and present for duty with the unit during the entire period or for at least 30 consecutive days of the period cited.

24.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for the processing of foreign awards and decorations presented to individuals and units.  It states, in pertinent part, that the Republic of Vietnam Gallantry Cross Unit Citation was awarded in four degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze Star.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to correction of his records to show award of the Air Medal with "V" Device (2nd Award).

2.  The evidence of record shows that General Orders awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam from July 1970 to October 1970.  The evidence of record also shows that General Orders awarded him the Air Medal with "V" Device for heroism while participating in aerial flight in the Republic of Vietnam on
27 February 1971.  Therefore, the applicant is entitled to correction of his records to show award of the Air Medal with "V" Device (2nd Award).


3.  The evidence of record shows that General Orders awarded the applicant the Bronze Star Medal for meritorious service, not involving participation in aerial flight, in connection with ground operations against a hostile enemy force in the Republic of Vietnam from July 1970 to March 1971.  Therefore, the applicant is entitled to correction of his records to show this award.

4.  The applicant is entitled to the first award of the Good Conduct Medal for the period 13 February 1969 through 17 January 1972 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

5.  Records show that the applicant participated in 2 campaigns in Vietnam.  Therefore, he is entitled to correction of his records to show award of 2 bronze service stars to be affixed to his Vietnam Service Medal.

6.  General Orders awarded the applicant's unit the Valorous Unit Award.  Therefore, it would be appropriate to correct his records to show this unit award.

7.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 17 January 1972; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
16 January 1975.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

___HOF_  ___TEO__  ___JRH_  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 the Good Conduct Medal for exemplary conduct, efficiency, and fidelity during the period 13 February 1969 through
17 January 1972;

	b.  deleting the Air Medal with "V" Device and Vietnam Service Medal from his DD Form 214; and

	c.  adding to his DD Form 214 the Air Medal with "V" Device (2nd Award), Bronze Star Medal, Good Conduct Medal, Vietnam Service Medal with 2 bronze service stars, Valorous Unit Award, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.




____    Hubert O. Fry____
          CHAIRPERSON




INDEX

CASE ID
AR20060016500
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/05/22
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19720117
DISCHARGE AUTHORITY
AR 635-200, Paragraph 5-3
DISCHARGE REASON
Early Release / Expiration Term of Service
BOARD DECISION
GRANT 
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0014.0000
2.
107.0056.0000
3.

4.

5.

6.