RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 November 2007
	DOCKET NUMBER:  AR20070009594 


	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.


Ms. Catherine C. Mitrano

Director

Mrs. Nancy L. Amos

Analyst

The following members, a quorum, were present:


Mr. John T. Meixell

Chairperson

Ms. Jeanette R. McCants

Member

Mr. Scott W. Faught

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 award of the Air Medal.

2.  The applicant states that the Air Medal was awarded to him just after he was assigned to Fort Bliss, TX.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 was inducted into the Army on 21 June 1967.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 76A (Supplyman).

3.  The applicant arrived in Vietnam and was assigned to the 11th Supply Company, 1st Cavalry Division on 13 December 1967.  He performed duties as an ordnance stock control clerk.  He was reassigned to the 545th Military Police Company, 1st Cavalry Division on 19 June 1968.  He performed duties as a supply clerk.  He departed Vietnam on 6 December 1968 for assignment to Fort Bliss, TX.

4.  The applicant departed absent without leave (AWOL) on 15 January 1969.  He was in civil confinement from 24 May through 5 August 1969.  He was in   pre-trial military confinement from 6 August thorough 17 September 1969.  He was convicted by a special court-martial of this AWOL period (on or about          15 January through on or about August 1969) on 18 September 1969 and was sentenced to confinement at hard labor for 3 months, suspended for 3 months.  The convening authority approved the sentence on 6 October 1969.

5.  The applicant was honorably released from active duty on 20 February 1970.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with five bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), and the Expert Marksmanship Qualification Badge with Rifle bar.

6.  The applicant’s DA Form 20 (Enlisted Qualification Record), item 41 (Awards and Decorations) does not show that he was awarded the Air Medal.  There are no orders for the Air Medal in his records.  

7.  Army Regulation 600-8-2 (Military Awards) provides for award of the Air Medal to any person who will have distinguished himself while participating in aerial flight.  It is primarily intended to recognize those personnel who are on current crewmember or noncrewmember flying status which requires them to participate in aerial flight on a regular and frequent basis in the performance of their primary duties.  However, it may also be awarded to personnel whose combat duties require them to fly in the attack elements of units involved in airland assaults against an armed enemy.  Involvement in such activities serves only to establish eligibility for award of the Air Medal; the degree of heroism, meritorious achievement or exemplary service determines who should receive the award.

8.  At the time, U.S. Army Vietnam (USARV) Regulation 672-1 provided that individuals who traveled by aircraft from point to point for the purpose of participating in combat assaults were eligible for the award of the Air Medal for achievement after completion of 25 assault missions.  

9.  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.

10.  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.  

11.  Normally, missions flown by personnel assigned to nonaviation units would have been recorded on USARV Form 131 by the individual and signed by the certifying officer.

12.  Army Regulation 600-8-22 states that a medal will not be awarded or presented to any individual whose entire service subsequent to the time of the distinguished act, achievement, or service has not been honorable   

13.  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 the 11th Supply Company it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 on Department of the Army General Order Number 9, dated 1979.  The 545th Military Police Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 on Department of the Army General Order Number 43, dated 1970.  It states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation badge may not be worn, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was awarded the Air Medal shortly after he arrived at Fort Bliss is noted.  However, there is no evidence of record and he provided none to show he was awarded the Air Medal.  It is noted that the applicant departed AWOL shortly after he arrived at Fort Bliss, and the governing regulation states that a medal will not be awarded or presented to any individual whose entire service subsequent to the time of the distinguished act, achievement, or service has not been honorable. 

2.  There is insufficient evidence to show that the applicant was awarded the Air Medal.

3.  The applicant was assigned to two units during a period of time those units were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so is entitled to wear one of those awards.  However, both awards should be listed on his DD Form 214.



4.  Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__jtm___  __jrm___  __swf___  DENY APPLICATION

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 for correction of the records of the individual concerned.

2.  The Board determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the DD Form 214 of the individual concerned to add two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.




___John T. Meixell____
          CHAIRPERSON




INDEX

CASE ID
AR20070009594
SUFFIX

RECON

DATE BOARDED
20071129
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
107.0018
2.

3.

4.

5.

6.