RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 January 2008
	DOCKET NUMBER:  AR20070012853 


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

2.  The applicant states, in effect, while he was serving in the Republic of Vietnam he flew 200 combat Air Assault missions with Company D, 6th Battalion, 31st Infantry, 9th Infantry Division from April 1968 to April 1969.  They were all submitted for the award of the AM but for some reason he never received it.

3.  The applicant does not provide any additional documentation.

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 15 November 1966 for a period of 3 years.  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 D, 6th Battalion, 31st Infantry,  
9th Infantry Division and as a Cannoneer with Battery A, 3rd Battalion, 34th Field Artillery, 9th Infantry Division in the Republic of Vietnam during the period 5 April 1968 to 2 April 1969.  He was honorably discharged from active duty on  
2 February 1971 after serving a total of 4 years, 1 month, and 18 days of active service and had accrued 30 days of time lost.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the National Defense Service Medal, Vietnam Service Medal, Army Commendation Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Unit (2nd Award), and the Valorous Unit Award.  However, it does not show the award of the AM.

5.  The applicant's military service records do not contain any flight records or an award recommendation for the AM.

6.  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.

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

8.  Headquarters, 9th Infantry Division Special Orders Number 243 dated  
30 August 1968 shows that the applicant was awarded the Combat Infantryman Badge.

9.  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 6th Battalion, 31st Infantry, 9th Infantry Division was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 31, dated 1969 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Order Number 59, dated 1969.

10.  The applicant's records show that he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the Vietnam Counteroffensive, Phase IV (2 April to 30 June 1968); Vietnam Counteroffensive, Phase V (1 July to 1 November 1968); Vietnam Counteroffensive, Phase VI (2 November 1968 to 22 February 1969); and the Tet 69 Counteroffensive, 1969 (23 February to 8 June 1969).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

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.  There is also no evidence that a request for an award of the AM was ever submitted.  Therefore, he is not entitled to correction of his records to show the award of the AM.

3.  Orders show that the applicant was awarded the Combat Infantryman Badge. Therefore, he is entitled to correction of his records to show this award.

4.  Evidence shows that, while the applicant was assigned to Company D,  
6th Battalion, 31st Infantry, 9th Infantry Division, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, the applicant is entitled to correction of his records to show these foreign unit awards.

5.  Evidence shows the applicant participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

6.  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 awards of the Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.




_____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.