IN THE CASE OF:	  

		BOARD DATE:	        25 JUNE 2009

		DOCKET NUMBER:  AR20090004402 


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) for the period ending 10 April 1972 to show additional awards of the Air Medal based on 292 flight hours, the Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

2.  The applicant states, in effect, that based on his flight records he should have received one Air Medal for each 50 hours of flight time.  Therefore, he should have five Air Medals.  He also states that information from St. Louis, MO shows the two above awards which are not properly listed on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 for the period ending 10 April 197; a letter, dated 20 November 2008, from the National Personnel Records Center, Military Personnel Records, St. Louis, MO; and his DA Form 759 (Individual Flight Record and Flight Certificate - Army) (Part I and Part II) 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 was inducted into the Army of the United States (AUS) on 22 January 1969.  At the completion of the required training, he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He was assigned to Vietnam on 22 June 1969 with Company B, 1st Battalion, 22nd Infantry, 4th Infantry Division as a rifleman.  He was honorably discharged on 10 October 1969 for enlistment in the Regular Army.  His DD Form 214 for the period ending 10 October 1969 does not show entitlement to any awards of the Air Medal.  

3.  The applicant enlisted in the Regular Army on 11 October 1969 for a period of 3 years.  His highest grade held was specialist five, E-5.  He was reclassified into MOS 67N (helicopter repairman).

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he was reassigned to Troop A, 7th Squadron, 1st Air Cavalry from 30 November 1969 to 22 June 1970 as a door gunner in Vietnam.  

5.  Headquarters, 1st Aviation Brigade, General Orders Number 1171, dated 26 February 1970, awarded the applicant the basic Air Medal for meritorious achievement while participating in aerial flight from 17 December 1969 to 24 December 1969 in the Republic of Vietnam.

6.  Headquarters, 1st Aviation Brigade, General Orders Number 5986, dated 7 July 1970, awarded the applicant the Air Medal (Second through Tenth Award) for meritorious achievement while participating in aerial flight from 25 December 1969 to 6 June 1970 in the Republic of Vietnam.  

7.  The applicant provided his DA Form 759 which shows he completed a total of 292 flight hours of combat time from 11 December 1969 through 10 June 1970.

8.  The applicant departed Vietnam on 22 June 1970.  

9.  The applicant was honorably released from active duty on 10 April 1972 in the rank of specialist five.  At the time of his discharge, he had completed a total of    3 years, 2 months, and 19 days of active military service with no days of lost time.  His DA Form 20 shows he received conduct and efficiency ratings of "excellent" throughout his service.  There is no record of disciplinary actions.  
10.  The applicant’s DD Form 214 for the period ending on 10 April 1972 shows the Vietnam Service Medal with three bronze service stars, the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, the Air Medal, the Aircraft Crewman Badge, the Army Commendation Medal, the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards.  

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to the 1st Battalion, 22nd Infantry, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 54, dated 1974.

12.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 1st Battalion, 22nd Infantry, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 53, dated 1970.

13.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal.  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.  The individual’s accomplishments and service for the entire group of missions must reflect meritorious performance throughout, with no instance of nonprofessionalism, mediocrity, or failure to display an offensive spirit.  The regulation stated that these guidelines were considered only a departure point.  

14.  Army Regulation 600-8-22 (Military Awards) provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.  

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal correctly known as the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  


16.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 for the period ending on 10 April 1972 shows the basic Air Medal as an authorized award.  

2.  General orders show the applicant was awarded the second through the tenth award of the Air Medal for meritorious achievement while participating in aerial flight for the period 25 December 1969 to 6 June 1970.  His flight records show he flew a total of 292 combat flight hours in Vietnam during the period December 1969 through June 1970.  Calculations show he is eligible for 11 awards of the Air Medal based on 292 combat flight hours plus one basic Air Medal.  Therefore, the applicant's DD Form 214 for the period ending 10 April 1972 should be amended to reflect the Air Medal with Numeral "12."

3.  It appears the applicant has met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period of service from 
22 January 1969 through 21 January 1972.  The applicant’s service records show he received conduct and efficiency ratings of "excellent" throughout his service and was promoted to specialist five during this period.  

4.  The applicant was assigned to a unit during a period it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, these awards should be added to his DD Form 214 for the period ending on 10 April 1972.

5.  The applicant's DD Form 214 for the period ending on 10 April 1972 currently reflects the Republic of Vietnam Campaign Medal.  Based on the Military Awards regulation, this award is correctly known as the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 for the period ending on 10 April 1972 should be amended to reflect the Republic of Vietnam Campaign Medal with Device (1960).



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 the individual's DD Form 214 for the period ending on 10 April 1972 be corrected by:

	a.  deleting the entries "Republic of Vietnam Campaign Medal" and the "Air Medal" from item 24; 

	b.  awarding him the first award of the Army Good Conduct Medal for the period 22 January 1969 through 21 January 1972; and

	c.  amending item 24 by adding the Air Medal with Numeral "12," the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Campaign Medal with Device (1960).  




      _______ _  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)                                         AR20090004402



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ABCMR Record of Proceedings (cont)                                         AR20090004402



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