IN THE CASE OF:	 

		BOARD DATE:	  23 September 2008

		DOCKET NUMBER:  AR20080007687 


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 that his separation document, DD Form 214, be corrected to show that he was awarded the 23rd oak leaf cluster (OLC) to his Air Medal (AM).  He also requests, in effect, that he be awarded any additional AMs that he may be authorized.  

2.  The applicant also requests that his DD Form 214 be corrected to show he was “put in for promotion to E6,” that he was “put in” for the Bronze Star Medal (BSM) and Army Commendation Medal (ARCOM), and that he is entitled to unit awards.  The applicant also requests the award of the Combat Infantryman Badge (CIB).

3.  The applicant states that he has orders awarding him the 23rd OLC to his AM, and that he continued to fly after the period covered by the orders awarding him the 23rd OLC to his AM.  He contends that documents contained in his military records, a newspaper article, and a letter from him to his mother show that he was still flying after the period covered by the orders awarding him the 23rd OLC to his AM.

4.  The applicant continues that after participating on a mission with the 5th Special Forces Group he was told he was being put in for the CIB.  He adds that he sent letters to his mother stating that he was being put in for three BSMs and the ARCOM.  He concludes that Army Pamphlet 672-3 shows that he is entitled to unit awards.

5.  The applicant provides excerpts from Army Pamphlet 672-3, his AM certificate and orders, and letters to his mother.

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 records show that he enlisted in the Regular Army on 31 March 1965, was awarded the military occupational specialty of helicopter mechanic, was promoted to pay grade E-5, and served in Vietnam from 27 March 1966 to 26 December 1967.  While in Vietnam, he was assigned to 155th Aviation Company from 1 April 1966 to 12 December 1967.

3.  He was honorably released from active duty on 1 July 1968.  The DD Form 214 he was issued shows that he was awarded the Purple Heart, the AM with 8 OLCs, the Vietnam Campaign Medal with Device 1960, the Vietnam Service Medal, the National Defense Service Medal, the Aircraft Crewman Badge, and the Valorous Unit Award.

4.  The applicant’s records do not contain any award recommendations or recommendation for promotion to pay grade E-6.  The applicant’s records do not contain any documents to show how many air assault missions he participated in, other than his AM orders.

5.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for a period which included the dates the applicant was assigned to that unit.  That publication also shows the pertinent identified campaign periods, for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Those periods are:  the Vietnam Counteroffensive (25 December 1965 through 30 June 1966) and the Counteroffensive Phase III (1 July 1966 through 29 January 1968).

6.  USARV Regulation 672-1 stated that individuals who travel by aircraft from point to point for the purpose of participating in combat assaults are eligible for the award of the AM for achievement after completion of 25 assault missions.  Personnel in this category are not required to complete 25 hours of flight time.  For personnel transported by aircraft, a combat assault mission is defined as a mission where friendly troops conduct the initial landings into a hostile area for the purpose of conducting combat or combat support operations.  A passenger may receive credit for one mission for each assault landing completed.  This regulation continued by stating that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations. 

7.  Army Regulation 600-8-22 provides that the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch, Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

8.  Army Regulation 600-8-22 provides that the BSM is awarded to any person who distinguished himself by heroism or meritorious achievement or service, not involving participation in aerial flight in connection with military operations involving conflict with an opposing armed force.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

9.  Army Regulation 600-8-22 provides that the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Good Conduct Medal and the applicant’s conduct and efficiency were rated as excellent throughout his tour of active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s orders confirm that he was awarded the 23rd OLC to his AM.  As such, he is entitled to have his DD Form 214 amended to reflect this fact.

2.  However, even though the applicant may have participated in additional flights after the award of the 23rd OLC to his AM, there is no evidence or indication that he had sufficient assault missions to warrant any additional awards of the AM.  As such, there is insufficient evidence in which to award the applicant any additional AMs.

3.  There is no evidence that the applicant was recommended for either the BSM or the ARCOM.  However, even if he had, there is no provision to add award or promotion recommendations on a DD Form 214.  Only those recommendations which are approved and orders issued form a basis for entries on the DD Form 214. 

4.  Since the applicant did not hold an infantry MOS and he was not assigned to an infantry unit, he was not eligible for the CIB.

5.  However, the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two bronze service stars to be worn on his already awarded Vietnam Service Medal.

6.  While not requested by the applicant, since the applicant’s conduct and efficiency were rated as excellent and he was not disqualified from receiving the Good Conduct Medal, it would appear that the applicant was entitled to that award.  As such, it would now be appropriate to award him the Good Conduct Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 Good Conduct Medal for the period 31 March 1965 to 30 March 1968; 

	b.  showing he was awarded the 23rd OLC to his AM; and

	c.  adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two bronze service stars to be worn on his already awarded Vietnam Service Medal to his DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to awarding him additional AMs or a CIB, and denial of adding to his DD Form 214 his recommendation for promotion to pay grade E-6, recommendation for award of the BSM, and recommendation for award of the ARCOM.  




      _______ _   X_______   ___
               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)                                         AR20080007687



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ABCMR Record of Proceedings (cont)                                         AR20080007687



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