IN THE CASE OF:	  

		BOARD DATE:	        13 JANUARY 2009

		DOCKET NUMBER:  AR20080016109 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his award of the Bronze Star Medal (BSM) with two oak leaf clusters (BSM w/2OLCs) and the Air Medal with 12 OLCs.  

2.  The applicant states that none of his OLCs were noted on his DD Form 214.

3.  The applicant provides three BSM Certificates and copies of a DA Form 759-1 (Disposition Form) and DA Form 2496-1 (Individual Flight Record Flight Certificate) reflecting time and missions flown.

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 Portland, Oregon on 9 September 1968 for a period of 3 years and training as a UH-1 helicopter repairer.

3.  He completed his basic training at Fort Lewis, Washington and his advanced individual training (AIT) at Fort Eustis, Virginia before being transferred to Hunter Army Airfield, Georgia for his first duty assignment.  He was advanced to the pay grade of E-4 on 17 July 1969.

4.  On 8 April 1970, he was transferred to Vietnam for assignment to C Troop, 1st Squadron, 9th Cavalry Regiment, 1st Cavalry Division.

5.  On 21 January 1971, General Orders Number 1502, issued by Headquarters, 1st Cavalry Division, awarded the applicant a BSM for meritorious service during the period of April 1970 to January 1971.

6.  On 26 January 1971, he was awarded the Aircraft Crewman Badge.

7.  On 2 February 1971, he was awarded the Army Commendation Medal (ARCOM) with "V" Device.

8.  On 10 February 1971, he was awarded the Air Medal for the period May 1970 to February 1971 in General Orders Number 2783, issued by Headquarters, 1st Cavalry Division. 

9.  On 5 March 1971, he was awarded the BSM for the period of 25 December 1970 to 4 February 1971 in General Order Number 4761, issued by Headquarters, 1st Cavalry Division.

10.  The applicant departed Vietnam after being credited with participation in three campaigns on 14 April 1971 and was transferred to Oakland Army Depot, California where he was honorably released from active duty (REFRAD) on      15 April 1971 as an overseas returnee.  He had served 2 years, 7 months and      7 days of total active service and his DD Form 214 issued at the time of his REFRAD indicates that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Vietnam Campaign Medal, the BSM, the ARCOM and the Air Medal.

11.  A BSM Certificate submitted by the applicant with his application indicates the applicant was awarded the BSM for meritorious achievement during the period of 22 February to 24 March 1971.  However, there is not a copy of the orders awarding him the third BSM in his records and a search of the United States Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System (ADCARS), a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, failed to show orders that awarded the applicant the BSM for the period in question.

12.  A review of the applicant's records show that he was awarded the Sharpshooter Marksmanship Badge with rifle bar and his records also show that he had excellent conduct and efficiency ratings throughout his service.  Additionally, his record is void of any derogatory information that could serve to disqualify him for award of the Good Conduct Medal.

13.  On 25 October 1983, the Reserve Components Personnel and Administration Center (RCPAC) issued the applicant a DA Form 1577 (Authorization for Issuance of Awards) which authorized the issuance of Medal sets for awards of the BSM with 1OLC, the Air Medal, the ARCOM with "V" Device, the VSM with three bronze service stars, the Republic of Vietnam Campaign Medal, the Aircraft Crewman Badge and the Sharpshooter Badge with rifle bar.  He was also advised that he was entitled to awards of the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal - First Class (RVNCAHM-FC) Unit Citation.

14.  The applicant's records do not contain any flight record data.  The documents submitted by the applicant are somewhat incomplete and indicate hours flown from 31 July to 26 March.  The applicant's Air Medal was awarded for the period of May 1970 to February 1971 and there is no evidence to show that he was awarded multiple awards of the Air Medal.

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required before the award may be entered in official records.

16.  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.  

17.  Army Regulation 672-5-1, in effect at the time, established the criteria for award of the GCMDL.  It states, in pertinent part, that the GCMDL was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the GCMDL.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant has provided three BSM Certificates, orders for only two of those awards are in the applicant's records.  Orders are required before an award can be entered into a record.  Therefore, the applicant is only entitled to have his records corrected to reflect the BSM with 1OLC (BSM 1OLC) instead of the single award of the BSM that is currently reflected on his DD Form 214.

2.  The applicant was also awarded the ARCOM w/"V" Device.  However, his DD Form 214 reflects only the award of the ARCOM.  Accordingly, he is entitled to have his records corrected to reflect his award of the "V" Device with his award of the ARCOM.

3.  The applicant was also awarded the Aircraft Crewman Badge, the Sharpshooter Marksmanship Badge with rifle bar, the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and three bronze service stars for wear on his already-awarded VSM.  Accordingly, he is entitled to have those awards added to his DD Form 214 at this time.

4.  After carefully examining the applicant’s record of service, it was determined the applicant should have received the GCMDL for his service from 9 September 1968 through 15 April 1971.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the GCMDL and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  



5.  The applicant not receiving the GCMDL was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, this error should be corrected and the applicant should receive the GCMDL at this time.

6.  The applicant's contention that his award of the Air Medal with 12 OLCs should be added to his records has been noted; however, he has failed to show through the evidence submitted with his application and the available evidence of record that he was awarded 13 awards of the Air Medal or that he was entitled to 13 awards of the Air Medal.  Therefore, in the absence of sufficient evidence to establish his entitlement, there appears to be no basis to grant that portion of his request.

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 the individual the GCMDL for the period 9 September 1968 through 15 April 1971;

b.  deleting the ARCOM from the applicant’s DD Form 214 issued on 15 April    
1971; and

c.  adding the following awards to the individual’s DD Form 214, issued on 
15 April 1971:  the BSM 1OLC (vice BSM), the ARCOM w/"V" device, the Aircraft Crewman Badge, the Sharpshooter Marksmanship Badge with Rifle Bar, the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, three bronze service stars for wear on his already-awarded VSM and the GCMDL.

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 award of the BSM with 2OLCs and the Air Medal with 12 OLCs.  




      _______ _XXX   _______   ___
               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)                                         AR20080016109



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ABCMR Record of Proceedings (cont)                                         AR20080016109



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