RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 January 2008
	DOCKET NUMBER:  AR20070012322 


	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

Mr. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Ms. Shirley L. Powell

Chairperson

Mr. Paul M. Smith

Member

Mr. Larry C. Bergquist

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 that his records be corrected to show the award of the Air Medal (AM).

2.  The applicant states, in effect, he feels he should have received the AM because other unit members received it for the same flights and operations.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and character statement dated  
22 June 2007.

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's military service records show that he entered active duty on 18 April 1967.  He completed all the necessary training and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  He served as a Rifleman with Company B, 2nd Battalion, 502nd Infantry, in the Republic of Vietnam during the period 9 November 1967 to 2 October 1968.  He was honorably discharged from active duty on 6 June 1969 after serving  
2 years, 1 month, and 16 days of active service and he had accrued 3 days of lost time.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Machine Gun Bar, Sharpshooter Marksmanship Qualification Badge with Rifle bar, and Parachutist Badge.
5.  A DD Form 215 was later issued to show the applicant was awarded the Vietnam Service Medal with one silver service star, Army Commendation Medal, Bronze Star Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Sharpshooter Marksmanship Qualification Badge with Rifle and Automatic Rifle Bars.  However, it does not show award of the AM.

6.  The applicant's military service records do not contain any flight records. 

7.  The character statement that the applicant submitted states, in effect, that he should be awarded the AM because he was assigned to the same unit during the same operations when the AM was awarded to his fellow Soldiers.

8.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal.  It established that 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.

9.  A Review of the applicant's records indicates entitlement to additional awards and decorations not shown in item 24 of his DD Form 214.

10.  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 Company B, 2nd Battalion, 502nd Infantry was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation based on Department of the Army General Order Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show the award of the AM.

2.  There is no evidence that shows the applicant met the eligibility criteria for the award of the AM.  The character statement that the applicant submitted is noted. However, it is insufficient evidence to award the AM.  Therefore, he is not entitled to correction of his records to show the award of the AM.

3.  Evidence shows that, while the applicant was assigned to Company B,  
2nd Battalion, 502nd Infantry, the unit was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  Therefore, the applicant is entitled to correction of his records to show this foreign unit award.

4.  Evidence shows that the applicant’s records contain administrative error which does 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

__LCB__  __PMS__  __SLP ___  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 to show the award of the AM.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show the award of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation. 




_____Shirley L. Powell____
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON

DATE BOARDED
20080129
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY(w/note)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.