IN THE CASE OF:	  

		BOARD DATE:	        07 MAY 2009

		DOCKET NUMBER:  AR20090001861


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show all awards and decorations to which he may be entitled.

2.  The applicant states, in effect, his DD Form 214 does not reflect the bronze service stars for his Vietnam Service Medal, Good Conduct Medal, Air Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.  The applicant provides, in support of this application:

	a.  his DD Form 214;

	b.  a hand-written chronology of his service in Vietnam; and

	c.  what appears to be 3 pages of personal notes from Vietnam.

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 was inducted into the Army of the United States for 2 years on 9 August 1966.

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he was sent to Fort Leonard Wood, MO for basic combat and advanced individual training.  He was awarded military occupational specialty (MOS) 12A (Pioneer) on 10 December 1966, and was transferred to Vietnam where he was assigned to Company C, 8th Engineer Battalion, 1st Cavalry Division.

4.  The applicant stepped on a land mine on 11 May 1967 near Phan Thiet, Republic of Vietnam and was seriously injured.  He was medically evacuated to the United States and permanently retired by reason of physical disability in the grade of Specialist Four (SP4)/E-4 after completing 1 year, 4 months, and
18 days of creditable active service with no lost time.  He served in Vietnam from
28 December 1966 to 26 May 1967.

5.  The applicant’s records contain orders awarding him the Purple Heart and Special Orders Number 278, Headquarters, U.S. Army Training Center, Fort Leonard Wood, MO, dated 5 October 1966, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  There are no other orders for awards or decorations.

6.  The applicant’s DA Form 20 shows he was given "excellent" conduct and efficiency ratings throughout his service.  It also shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and the Purple Heart, the same awards as on his DD Form 214.

7.  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, failed to reveal any orders for the Air Medal pertaining to the applicant.


8.  Army Regulation 672-5-1 (Awards), in effect at the time of the applicant’s service, provided that the Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under 
consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.

9.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of the regulation.  The bronze service star is worn on the appropriate service medal.  During the applicant’s service in Vietnam, he participated in one campaign; the Vietnam Counteroffensive, Phase II, and extended from 1 July 1966 to 31 May 1967.

10.  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 unit to which the applicant was assigned was cited for award of the Meritorious Unit Commendation for the period 1 September 1966 to 31 August 1967 based on Department of the Army General Order Number 48, dated 1968.  The unit was also cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 based on Department of the Army General Order Number 59, dated 1969.

11.  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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.



DISCUSSION AND CONCLUSIONS:

1.  The applicant requests all awards and decorations to which he is entitled to.

2.  The applicant received "excellent" conduct and efficiency ratings through his tenure of service, with no lost time or judicial actions against him.  Therefore, he should be awarded the Good Conduct Medal and it should be added to his DD Form 214.

3.  The applicant qualified as a sharpshooter with the M-14 rifle and was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  
Therefore, this marksmanship badge should be added to his DD Form 214.

4.  The applicant served in Vietnam from 28 December 1966 to 26 May 1967 and was credited with participation in one campaign during this period.  Therefore, he is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal.

5.  The applicant’s unit was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his tenure of assignment in Vietnam.  Therefore, he is entitled to correction of his records to show these two unit awards.

6.  There is no record of evidence and the applicant did not provide any evidence to show award of or entitlement to the Air Medal.  In the absence of orders awarding the applicant the Air Medal, there is no basis for granting the applicant's requested relief in this case.

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.  deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal;

	b.  awarding the applicant the Good Conduct Medal (first award) for his service from 9 August 1966 to 26 December 1967; and

	c.  adding to item 24 of the applicant's DD Form 214 the Good Conduct Medal (first award), Vietnam Service Medal with one bronze service star, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

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 the Air Medal.



      ________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)                                         AR20090001861



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ABCMR Record of Proceedings (cont)                                         AR20090001861



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