RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  7 February 2008
	DOCKET NUMBER:  AR20070013605 


	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. William D. Powers

Chairperson

Ms. Rose M. Lys

Member

Mr. Qawiy A. Sabree

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 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 that there is no record of the Air Medal in his records.

3.  The applicant provides an Air Medal certificate and citation.

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 20 June 1967.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).

3.  The applicant arrived in Vietnam and was assigned to the 2d Battalion, 28th Infantry, 1st Infantry Division on 1 December 1967.  He departed Vietnam on or about 27 October 1968 after being wounded in action.  He was credited with participation in four campaigns.

4.  The applicant provided an Air Medal certificate, dated 20 November 1968, and an Air Medal citation that show he was awarded the Air Medal for the period 4 December 1967 to 12 August 1968.  Orders awarding him the Air Medal are not available.

5.  The applicant was honorably released from active duty on 13 February 1969, in the rank and grade of Sergeant, E-5, after completing 1 year, 7 months, and    24 days of creditable active service with no lost time.  

6.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Expert Marksmanship Qualification Badges (M-14 and M-16), the Republic of Vietnam Campaign Medal with device (1960), the Vietnam Service Medal with two overseas bars, the Army Commendation Medal, the Combat Infantryman Badge, and the Purple Heart.

7.  There is no derogatory information in the applicant’s records.  His DA Form   20 (Enlisted Qualification Record) shows that his conduct and efficiency were rated as “excellent” throughout his service.

8.  Army Regulation 600-8-22 (Military Awards) 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.

9.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.

10.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

11.  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 2d Battalion, 28th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through       16 October 1968 by Department of the Army General Orders (DAGO) Number 21, dated 1969.

12.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 2d Battalion, 28th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 through 7 April 1970 1968 by DAGO Number 53, dated 1970.
DISCUSSION AND CONCLUSIONS:

1.  No Air Medal orders are available.  However, the applicant provided an Air Medal award certificate and an Air Medal award citation showing he was awarded the Air Medal for the period 4 December 1967 to 12 August 1968, his approximate dates of service with the 2d Battalion, 28th Infantry.  

2.  The applicant was an infantryman assigned to an infantry unit.  He was wounded in action.  It is reasonable to presume that his combat duties required him to fly in an attack element of his unit while involved in air-land assaults against an armed enemy (i.e., being flown in by helicopter to the field of battle).  Any reasonable doubt should be resolved in his favor, and the award certificate and citation are accepted as sufficient evidence to show he was awarded the Air Medal after he departed Vietnam.

3.  The applicant was honorably separated in the rank and grade of Sergeant,   E-5 after completing more than 19 months of creditable active service with no lost time.  There is no derogatory information in his records and his conduct and efficiency were rated as “excellent” throughout his service.  It appears he met the eligibility criteria for award of the Army Good Conduct Medal.

4.  The applicant was credited with participation in four campaigns.  His DD Form 214 should be amended to show he is eligible to wear four bronze service stars on his Vietnam Service Medal instead of the two bronze service stars now reflected on the form.

5.  The applicant was assigned to a unit during a period of time that 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.  These unit awards should be added to his DD Form 214.

BOARD VOTE:

__wdp___  __rml___  __qas___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

     a.  awarding him the first award of the Army Good Conduct Medal for the period 20 June 1967 through 13 February 1969; and

     b.  amending his DD Form 214 to add the Army Good Conduct Medal, the Air Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and to show he is eligible to wear four bronze service stars on his already-awarded Vietnam Service Medal instead of the two bronze service stars now reflected on that form.




__William D. Powers___
          CHAIRPERSON




INDEX

CASE ID
AR20070013605
SUFFIX

RECON

DATE BOARDED
20080207
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

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

3.

4.

5.

6.