IN THE CASE OF:	  

		BOARD DATE:	  	  18 December 2008

		DOCKET NUMBER:  AR20080015328 


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, correction of his discharge document to show award of the Air Medal.

2.  The applicant states, in effect, that General Orders 15609, dated 23 August 1970, awarded him the Air Medal; however, the award is not recorded on his discharge document.

3.  The applicant provides no additional documentary evidence.

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 personnel records show he enlisted in the U.S. Army Reserve (USAR) for a period of 6 years on 15 January 1969.  He then enlisted in the Regular Army for a period of 3 years and entered active duty on 21 January 1969.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 13E (Field Artillery Operations and Intelligence Assistant).

3.  The applicant's military personnel records contain a DA Form 20 (Enlisted Qualification Record).

     a.  Item 29 (Qualification In Arms) shows the applicant qualified Expert with the M-14 rifle, M-16 automatic rifle, and hand grenade.

     b.  Item 31 (Foreign Service) shows he served overseas in the U.S. Army Pacific (USARPAC) in the Republic of Vietnam (RVN) from 16 August 1969 through 25 August 1970.

     c.  Item 38 (Record of Assignments) shows he was assigned to Headquarters and Headquarters Battery, Division Artillery (DIVARTY), 1st Air Cavalry Division (USARPAC, RVN) from 19 August 1969 through 21 August 1970.

     d.  Item 39 (Campaigns) shows he participated in an (as then) unnamed campaign.

     e.  Item 41 (Awards and Decorations) shows the applicant was authorized the Bronze Star Medal, Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with (M-14) Rifle,
(M-16) Automatic Rifle, and Grenade Bars, and 1 Overseas Service Bar.

4.  The applicant's military personnel records are absent orders or any other evidence that he was awarded the Air Medal.

5.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, produced a copy of Headquarters,
1st Cavalry Division (Airmobile) (RVN), General Orders Number 15609, dated
23 August 1970, that show, in pertinent part, the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the RVN from August 1969 to [August] 1970.  

6.  The applicant's military personnel records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that shows he entered active duty this period on 21 January 1969, was honorably released from active duty on 24 August 1970 based on early separation of overseas returnee, and transferred to the USAR Control Group (Annual Training) to complete his remaining military service obligation.  At the time he had completed 1 year,
7 months, and 4 days net active service this period; 6 days other service; 1 year and 8 days foreign service; and 1 year, 7 months, and 10 days total service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Bronze Star Medal, Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal.  Item 30 (Remarks), in pertinent part, shows the applicant served in the RVN from           16 August 1969 through 24 August 1970.

7.  A review of the applicant's military personnel records shows that he may be entitled to additional awards that are not shown on his DD Form 214.

8.  There is no evidence the applicant received the first award of the Good Conduct Medal.  The applicant received conduct and efficiency ratings of “excellent” throughout the entire period of his military service, his records do not contain any adverse information, and there is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.

9.  The applicant’s military personnel records contain a copy of Headquarters,
U.S. Army Training Center, Fort Leonard Wood, Missouri, Special Orders Number 083, dated 24 March 1969, that show, in pertinent part, the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle, Automatic Rifle, and Grenade Bars.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam.  This document shows that the applicant participated in the Vietnam Summer-Fall 1969; Vietnam Winter-Spring 1970; DA Sanctuary Counteroffensive; and Vietnam Counteroffensive, Phase VII campaigns.

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 Headquarters and Headquarters Battery, DIVARTY, 1st Air Cavalry Division (USARPAC, RVN), the unit was cited for award of the Valorous Unit Award by 
Headquarters, Department of the Army, General Orders Number 43 (1972).

12.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to Headquarters and Headquarters Battery, DIVARTY, 1st Air Cavalry Division (USARPAC, RVN), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 11 (1973).  This document also shows that, at the time of his assignment, the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army, General Orders Number 42 (1972).

13.  Army Regulation 600-8-22 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.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Good Conduct Medal is awarded to individuals who distinguish themselves by their exemplary conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as 1 year is required for the first award in those cases when the period of service ends with the termination of Federal military service.

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.

16.  Army Regulation 600-8-22 provides, in pertinent part, for 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, including the Vietnam Service Medal.

17.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Valorous Unit Award to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign 



force, or while serving with friendly foreign forces engaged in an armed conflict in 
which the United States is not a belligerent party, for actions occurring on or after 
3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.  Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

18.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for the processing of foreign awards and decorations presented to individuals and units.  It states, in pertinent part, that the Republic of Vietnam Gallantry Cross Unit Citation was awarded in four degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze Star.

19.  Army Regulation 600-8-22 provides, in pertinent part, that the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is awarded by the Vietnamese Government as a unit award for meritorious service.  

20.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or at least 30 consecutive days of the period cited.

21.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document should be corrected to show the Air Medal because he was awarded the medal; however, it is not recorded on his discharge document.



2.  The evidence of record shows that General Orders awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight in the RVN from August 1969 to August 1970.  Therefore, it would be appropriate to correct his records to show award of the Air Medal.

3.  Records show that the applicant completed a period of active duty enlisted service qualifying for award of the Good Conduct Medal.  Therefore, it would be appropriate to correct his records to show award of the Good Conduct Medal.

4.  Records show the applicant qualified for award of the Vietnam Service Medal and he participated in 4 campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his records to show award of 4 bronze service stars to be affixed to his Vietnam Service Medal.

5.  Records show that General Orders awarded the applicant's unit the Valorous Unit Award.  Therefore, it would be appropriate to correct his records to show this unit award.

6.  Records show that General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

7.  Records show that General Orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

8.  Records show that Special Orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle, Automatic Rifle, and Grenade Bars.  Therefore, it would be appropriate to correct his records to show this badge with the respective component bars.

BOARD VOTE:

____X____  ____X____  ____X____  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 the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity from 21 January 1969 to 24 August 1970;

     b.  deleting from Item 24 of his DD Form 214 the Vietnam Service Medal; and

     c.  adding to Item 24 of his DD Form 214 the Air Medal; Good Conduct Medal; Vietnam Service Medal with 4 bronze service stars; Valorous Unit Award; Republic of Vietnam Gallantry Cross with Palm Unit Citation; Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and the Expert Marksmanship Qualification Badge with Rifle, Automatic Rifle, and Grenade Bars.



      ___________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)                                         AR20080015328



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ABCMR Record of Proceedings (cont)                                         AR20080015328



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