IN THE CASE OF:	

		BOARD DATE:	6 October 2009    

		DOCKET NUMBER:  AR20090003982 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all of the Air Medals he was awarded and the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).  The applicant also requests to have his DD Form 214 corrected to show that he was recognized as a distinguished graduate upon completion of Officer Candidate School (OCS), if appropriate.

2.  The applicant states, in effect, that his DD Form 214 does not show the proper number of Air Medals which he received.  He also states that the DD Form 214 should show that he qualified as an Expert rather than as a Marksman with the .45 caliber pistol.

3.  The applicant provides no documentary evidence in support of his application.

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 record shows that he enlisted in the Regular Army and entered active duty on 20 September 1965.  He completed basic combat training and advanced individual training.  Upon completion of advanced individual training, he was awarded military occupational specialty (MOS) 11F (Infantry Operations and Intelligence Specialist).  The highest enlisted rank and grade he attained while serving on active duty was specialist five (SP5)/pay grade E-5.  On 4 December 1966, following his completion of OCS, the applicant was honorably discharged for the purpose of accepting a commission as a second lieutenant (2LT)/pay grade O-1 in the U.S. Army Reserve (USAR).

3.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 4 December 1966 shows he was awarded or authorized the National Defense Service Medal, Army Good Conduct Medal (1st Award), Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).

4.  On 5 December 1966, the applicant was immediately ordered to active duty as a 2LT.  The applicant attended the Officer Fixed Wing Accession Course and was awarded MOS 1980 (Fixed Wing Aviation Unit Commander) upon completion of the course on 15 December 1967.  The highest officer rank and grade he attained while serving on active duty was captain (CPT)/pay grade O-3. 
The applicant was released from active duty with an honorable characterization of service and transferred to the USAR Control Group (Standby) effective 25 April 1972.

5.  Item 17 (Foreign Service) of the applicant's DA Form 66 (Officer Qualification Record) shows he served a tour of duty in the Republic of Vietnam during the period 23 June 1969 through 23 June 1970.  Item 18 (Record of Assignments) shows that during his tour of duty in the Republic of Vietnam, the applicant served in the 244th Aviation Company (Surveillance Airplane) from 26 June 1969 through 22 June 1970.

6.  Item 21 (Award and Decorations) of the applicant's DA Form 66 shows he was awarded or authorized to wear the National Defense Service Medal, Army Good Conduct Medal (First Award), Army Aviator Badge, Vietnam Service Medal with three bronze service stars, Air Medal (1st Award), Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, Bronze Star Medal, Distinguished Flying Cross, and two overseas service bars.

7.  Item 23 (Qualification in Arms) of the applicant's DA Form 66 shows he qualified as a Marksman with the .45 caliber pistol on 11 June 1971.  There is no indication in the applicant's available records and he has not provided any evidence that he qualified with the .45 caliber pistol again at a later date prior to his release from active duty.

8.  Item 44 (Flying Hours) of the applicant's DA Form 66 shows that as of 30 June 1971, he had a total of 1,521 flight hours; 368 of which were in a single-engine aircraft and 1,153 of which were in a multi-engine aircraft.  There is no indication of the types of missions or mission categories in which the applicant's flight hours were accrued.

9.  The applicant's record contains his Individual Flight Record for the flight training he received at flight school and prior to his deployment during the period 23 April 1967 to 30 June 1968.  However, it does not contain his Individual Flight Record for the hours he flew in the Republic of Vietnam.

10.  Headquarters, 1st Aviation Brigade, General Orders Number 4496, dated 11 September 1969, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period 12 August 1969 to 23 August 1969.

11.  Headquarters, 1st Aviation Brigade, General Orders Number 4805, dated 8 June 1970, awarded the applicant the Air Medal (2nd through 10th Award) for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period 24 August 1969 to 9 May 1970.

12.  A thorough review of the applicant's available records did not reveal any evidence and he has not provided any evidence that he was recognized as a distinguished graduate upon completion of OCS.

13.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 25 April 1972 shows he was awarded or authorized to wear the National Defense Service Medal, Army Good Conduct Medal, Army Aviator Badge, Vietnam Service Medal with three bronze service stars, Air Medal (1st Award), Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, Bronze Star Medal, Distinguished Flying Cross, two overseas service bars, and Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).

14.  U.S. Army Vietnam 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.

15.  U.S. Army Vietnam Regulation 672-1 also provided, in pertinent part, that combat missions were divided into three categories.  A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force or delivery of friendly troops or supplies into the immediate combat operations area.  A category II mission was characterized by support rendered a friendly force immediately before, during, or immediately following a combat operation.  A category III mission was characterized by support of friendly forces not connected with an immediate combat operation, but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire or under hazardous weather or terrain conditions.

16.  U.S. Army Vietnam Regulation 672-1 further provided that to be recommended for award of the Air Medal, an individual must have completed a minimum of 25 category I missions, 50 category II missions, or 100 category III missions.  Since various types of missions would have been completed in accumulating flight time toward award of an Air Medal for sustained operations, different computations would have had to be made to combine category I, II, and III flight time and adjust it to a common denominator.

17.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated that the DD Form 214 was a synopsis of the Soldier’s most recent period of continuous active duty.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  This regulation provided, in pertinent part, that item 24 of the DD Form 214 for separating officers should reflect the decorations, service medals, campaign credits, and badges awarded or authorized as shown on their DA Form 66.  This regulation does not provide for inclusion of an entry on the DD Form 214 to show a separating Soldier was recognized as a distinguished graduate upon completion of any course.

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.  This regulation shows the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 26 June 1969 through 10 October 1970 by Department of the Army General Orders Number 52, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his record should be corrected to show all of the Air Medals he was awarded, that he was awarded the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), and that he was recognized as a distinguished graduate upon completion of OCS.

2.  General orders awarded the applicant 10 Air Medals.  Therefore, he is entitled to have his records corrected to show receipt of the Air Medal (10th Award).

3.  Although evidence shows the applicant qualified as an Expert with the .45 caliber pistol during his tenure as an enlisted Soldier some time prior to 4 December 1966, evidence also shows the applicant qualified more recently as a Marksman on 11 June 1971.  There is no indication in the applicant's available records and he has not provided any evidence that he qualified as an Expert with the .45 caliber pistol again at a later date prior to his release from active duty.  The applicant's DD Form 214 properly indicates that he most recently earned the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) during his final weapons qualification on active duty.  Therefore, it would be inappropriate in this case to amend the applicant's records to show receipt of the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).

4.  There is no regulatory provision for including an entry on the DD Form 214 to show a separating Soldier was recognized as a distinguished graduate upon completion of any course.  Therefore, it would be inappropriate in this case to amend the applicant's records to show he was recognized as a distinguished graduate upon completion of OCS.

5.  General orders show the applicant was assigned to a unit that was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

6.  In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement.  Therefore, the applicant is not entitled to correction of his DD Form 214 to change his marksmanship qualification badge or to show that he was recognized as a distinguished graduate upon completion of OCS.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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 item 24 of his DD Form 214 for the period ending 25 April 1972 be corrected by:

	a.  deleting the Air Medal,

	b.  adding the Air Medal (10th Award), and

	c.  adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) or showing that he was recognized as a distinguished graduate upon completion of OCS on his DD Form 214.



      ___________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)                                         AR20090003982



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ABCMR Record of Proceedings (cont)                                         AR20090003982



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