IN THE CASE OF:	  

		BOARD DATE:	        3 September 2008

		DOCKET NUMBER:  AR20080009532 


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, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be amended to add the Air Medal (Numeral 54) and the Bronze Star Medal.

2.  The applicant states, in effect, that the above awards are not listed on his DD Form 214.

3.  The applicant provides his DD Form 214; Air Medal orders, dated 6 April 1972; three Air Medal award citations; and a Bronze Star Medal award 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 enlisted in the Regular Army on 10 July 1969.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 67A (Aircraft Maintenance Apprentice).

3.  The applicant arrived in Vietnam and was assigned to Troop B, 1st Squadron, 9th Cavalry, 1st Cavalry Division (Airmobile), on 12 January 1970.  

4.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 2298, dated 13 February 1970, awarded the applicant the Air Medal.

5.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 5365, dated 8 April 1970, awarded the applicant the Air Medal (First Oak Leaf Cluster) with “V” device.

6.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 14375, dated 7 August 1970, awarded the applicant the Air Medal (Fourth Award) with “V” device.

7.  Headquarters, 3d Brigade (Separate), 1st Cavalry Division (Airmobile), General Orders Number 75, dated 22 April 1971, awarded the applicant the Air Medal with “V” device.

8.  Headquarters, 3d Brigade (Separate), 1st Cavalry Division (Airmobile), General Orders Number 80, dated 23 April 1971, awarded the applicant the Air Medal.

9.  Headquarters, 3d Brigade (Separate), 1st Cavalry Division (Airmobile), General Orders Number 1140, dated 29 June 1971, awarded the applicant the Bronze Star Medal.

10.  On 30 June 1971, the applicant was reassigned to Troop H, 16th Cavalry, 3d Brigade, 1st Cavalry Division (Airmobile).

11.  The applicant departed Vietnam on 23 March 1972 after being credited with participation in five campaigns.

12.  The applicant was honorably released from active duty on 25 March 1972,  in the rank and grade of Specialist Four, E-4, after completing 2 years, 8 months, and 16 days of creditable active service with no lost time.

13.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960-), the Army Commendation Medal with First Oak Leaf Cluster and with “V” device, the Distinguished Flying Cross with Third Oak Leaf Cluster, the Air Medal 4th Award and with “V” device, the Aircraft Crewman Badge, and four overseas service bars.

14.  Headquarters, 3d Brigade (Separate), 1st Cavalry Division (Airmobile), General Orders Number 1105, dated 6 April 1972, awarded the applicant the Air Medal 2d through 53d award.

15.  The applicant’s records contain no derogatory information and his conduct and efficiency were rated as “excellent” throughout his enlistment.

16.  Army Regulation 600-8-2 (Military Awards) provides for the award of the Air Medal to any person who will have distinguished himself while participating in aerial flight.  Numerals, starting with 2, will be used to denote second and subsequent awards of the Air Medal.  

17.  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.  One silver service star is worn in lieu of five bronze service stars.

18.  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.

19.  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 Troop B, 1st Squadron, 9th Cavalry, the troop was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 22 February through 27 March 1971 by Department of the Army General Orders (DAGO) Number 42, dated 1972.

20.  Department of the Army Pamphlet 672-3 also shows that the 1st Squadron, 9th Cavalry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 21 February 1970 through 28 February 1971 by DAGO Number 42, dated 1972.

21.  Department of the Army Pamphlet 672-3 states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation badge may not be worn, official military personnel and historical records will indicate all awards received.

22.  Department of the Army Pamphlet 672-3 further shows that the 1st Squadron, 9th Cavalry, was awarded the Valorous Unit Award for the period 1 May through 29 June 1970 by DAGO Number 43, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the applicant was awarded the Bronze Star Medal and this award should be added to his DD Form 214.

2.  The applicant requested, in effect, that his DD Form 214 be amended to add the Air Medal (Numeral 54).

3.  Headquarters, 3d Brigade (Separate), 1st Cavalry Division (Airmobile), General Orders Number 1105, dated 6 April 1972, awarded the applicant the Air Medal 2d through 53d award.  However, previously he had been awarded the Air Medal five different times.  It appears that the orders dated 6 April 1972 failed to account for four of his five previous awards.  Therefore, it appears his DD Form 214 should be amended to show he was awarded the Air Medal with Numeral 57 and with “V” device.

4.  The applicant was honorably separated after completing over 32 months of creditable active service with no lost time.  His records contain no derogatory information, and his conduct and efficiency were rated as “excellent” throughout his enlistment.  It appears he met the eligibility criteria for award of the Army Good Conduct Medal.

5.  The applicant was assigned to Troop B, 1st Squadron, 9th Cavalry, during a period of time the squadron was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and also during a period of time the troop alone was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Although he may wear only one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, both awards should be added to his DD Form 214.

6.  The applicant was also assigned to the 1st Squadron, 9th Cavalry, during a period of time the squadron was awarded the Valorous Unit Award.  This unit award should also be added to his DD Form 214.

7.  The applicant was credited with participation in five campaigns.  He is therefore authorized to wear one silver service star on his Vietnam Service Medal and his DD Form 214 should be amended to reflect this fact.

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.  deleting the entry “AIR MEDAL 4TH AWARD (W/”V” DEVICE)” from his DD Form 214; and

   b.  amending his DD Form 214 to add the Air Medal with Numeral 57 and with “V” device, the Bronze Star Medal, the Army Good Conduct Medal (first award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards), and the Valorous Unit Award and to show he is authorized to wear one silver service star on his already-awarded Vietnam Service Medal.



      _________xxxx____________
                 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)                                         AR20080009532



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ABCMR Record of Proceedings (cont)                                         AR20080009532



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