IN THE CASE OF:	  

	BOARD DATE:	  17 June 2008

	DOCKET NUMBER:  AR20080007070 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, a second award of the Air Medal (correctly known as the Air Medal with Numeral 2). 

2.  The applicant states, in effect, that while serving with Troop E, 17th Cavalry of the 173rd Airborne Brigade in Vietnam his duties required him to regularly fly in other than a passenger status and that he was the Commanding Officer’s radio operator and would assist him directly in the airborne command and control of the combat operations on the ground.  He contends that he did this throughout his entire tour of duty and because of the time and number of flight hours he was recommended for the Air Medal with First Oak Leaf Cluster (second award of the Air Medal).  

3.  The applicant also states that on 19 June 1967 the Executive Officer informed him that due to an oversight the USARV Form 157-R (Recommendation for Decoration for Valor or Merit) had not been sent to the Commanding General for approval.  The Executive Officer gave him the original forms and told him to turn them in for processing at his next duty station.  The Executive Officer assured him that his new stateside commander would make sure the forms were properly processed.  The applicant indicates that he placed the forms into a bag and forgot about them until March 2006.

4.  The applicant provides a USARV Form 157-R, dated 28 March 1967; a statement from a fellow Soldier at the time in question; a copy of his DD Form 214 (Report of Transfer or Discharge); a lieutenant colonel’s citation for the Air 
Medal with Numeral 4; a Troop E, 17th Cavalry killed in action list; an excerpt from Army Regulation 600-8-22 (Military Awards) on the Air Medal; and page 3 of his DA Form 20 (Enlisted Qualification Record).  

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 enlisted on 31 August 1965 for a period of 3 years.  He arrived in Vietnam on 22 June 1966.  His DA Form 20 shows that he served as a radio teletype operator assigned to Troop E, 17th Cavalry of the 173rd Airborne Brigade in Vietnam from 6 July 1966 through 22 June 1967.  On 3 June 1968, the applicant was released from active duty in the temporary rank of sergeant after completing 2 years, 9 months, and 3 days of creditable service with no time lost.  

3.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal, the Combat Infantryman Badge, the Parachutist Badge, two awards of the Overseas Service Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards.  

4.  There are no orders for the Air Medal in the applicant’s service personnel records.    

5.  In support of his claim, the applicant provided a USARV Form 157-R, dated 28 May 1967, which shows he was recommended for award of the Air Medal with First Oak Leaf Cluster for the period 22 December 1966 to 22 May 1967.  This form also shows that the Executive and Commanding Officers approved this recommendation.


6.  The applicant also provided a statement from a fellow Soldier at the time in question.  He attests that he served with the applicant in Troop E, 17th Cavalry of the 173rd Airborne Brigade in Vietnam from May 1966 to May 1967, that the applicant’s duties required him to regularly fly in other than a passenger status, and that the applicant was the Commanding Officer’s radio operator and would assist him directly in the airborne command and control of their combat operations.  He also attests that the command helicopter often received enemy fire from the ground as it directed their operations and that the applicant made a direct contribution to the success of their operational combat missions through his meritorious and valiant service. 

7.  Records show the applicant participated in three campaigns during his assignment in Vietnam.

8.  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.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

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 the applicant's unit is eligible for award of the Valorous Unit Award for actions during the period 5-25 January 1967 based on Department of the Army General Orders Number 17, dated 1968.

10.  Department of the Army Pamphlet 672-3 shows the applicant's unit is eligible for award of the Meritorious Unit Commendation for actions during the period 
5 May 1965 to 4 May 1967 based on Department of the Army General Orders Number 48, dated 1968.

11.  Department of the Army Pamphlet 672-3 also shows the applicant's unit is eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 51, dated 1971.    

12.  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.  However, the regulation was clear that these guidelines were considered only a departure point.  

13.  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.

14.  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.  Since various types of missions would have been completed in accumulating flight time toward award of an Air Medal for sustained operations, different computations would have had to be made to combine category I, II, and III flight time and adjust it to a common denominator.

15.  Army Regulation 600-8-22 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.

16.  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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.


17.  Army Regulation 600-8-22, in pertinent part, authorizes 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.

DISCUSSION AND CONCLUSIONS:

1.  Since the applicant was recommended for a second award of the Air Medal, it is presumed that he was awarded the basic Air Medal (i.e. the first award).  The USARV Form 157-R provided by the applicant, which shows that he was recommended for the Air Medal with First Oak Leaf Cluster, is accepted as sufficient evidence on which to award a second award of the Air Medal.  Therefore, his DD Form 214 should be corrected to show the Air Medal with Numeral 2.

2.  The applicant was separated in the temporary rank of sergeant with 
33 months of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 31 August 1965 through 3 June 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his records should be corrected to show this award.

3.  The applicant participated in three campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars.

4.  The applicant’s unit was cited for award of the Valorous Unit Award, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.

BOARD VOTE:

___xx___  ___xx___  ___xx___   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 Air Medal with Numeral 2 for the period 22 December 1966 to 22 May 1967; 
	
	b.  awarding him the first award of the Good Conduct Medal for the period 31 August 1965 to 3 June 1968; and  

	c.  adding the Air Medal with Numeral 2, the Good Conduct Medal, the Valorous Unit Award, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.



      ________xxxxxxx______________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080007070



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ABCMR Record of Proceedings (cont)                                         AR20080007070



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