IN THE CASE OF:	  

		BOARD DATE:	  26 August 2009

		DOCKET NUMBER:  AR20090005824 


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 award of the Army Commendation Medal and additional awards of the Air Medal.  He also requests all awards and decorations to which he may be entitled.

2.  The applicant states these awards were not documented on his DD Form 214.

3.  The applicant provides orders for the Army Commendation Medal and DA Forms 759-1 (Individual Flight Record and Flight Certificate – Army) 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 enlisted in the Regular Army on 29 March 1968 for a period of 
3 years.  He arrived in Vietnam on 22 January 1969.  He served as a helicopter mechanic assigned to the 187th Aviation Company in Vietnam from 25 January 1969 through 19 January 1970.  On 29 December 1970, the applicant was released from active duty in the rank/grade of specialist five (SP5)/E-5 after completing 2 years, 9 months, and 1 day of creditable active service with no time lost.

3.  The applicant's DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Air Medal, and Aircraft Crewman Badge as authorized awards.

4.  A DA Form 759-1 for the period February 1969 shows the applicant flew approximately 26 combat flight hours from 4 February 1969 through 13 February 1969.

5.  Headquarters, 1st Aviation Brigade, General Orders Number 989, dated 
3 March 1969, show the applicant received the basic Air Medal for the period 
4 February 1969 to 14 February 1969.   

6.  DA Forms 759-1 for the period 14 February 1969 through 29 December 1969 show the applicant flew an additional 1,412 combat flight hours during his assignment in Vietnam, for a total of approximately 1,438 combat flight hours.  

7.  There are no other orders for the Air Medal in the available records. 

8.  Headquarters, 1st Aviation Brigade, General Orders Number 5572, dated 
31 October 1969, show the applicant was awarded the Army Commendation Medal for meritorious service in connection with military operations against a hostile force for the period January 1969 to January 1970.

9.  Records show the applicant participated in four campaigns during his assignment in Vietnam.

10.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received "excellent" conduct and efficiency ratings throughout his service.

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 the 187th Aviation Company was awarded the Presidential Unit Citation during a period of time the applicant was assigned to the unit based on Department of the Army General Orders Number 21, dated 1978.

12.  Department of the Army Pamphlet 672-3 also shows the 187th Aviation Company was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during a period of time the applicant was assigned to the unit based on Department of the Army General Orders Number 55, dated 1971.

13.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

14.  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.  However, the regulation was clear that these guidelines were considered only a departure point.  Nothing created an entitlement to the award.  

15.  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.  For example, the numeral 2 denotes the second award of the Air Medal.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of 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.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.

17.  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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

18.  Army Regulation 600-8-22, in pertinent part, authorizes 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.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the Army Commendation Medal.  Therefore, his DD Form 214 should be corrected to show this award.

2.  Evidence of record shows the applicant flew approximately 26 combat flight hours during the period 4 February 1969 through 13 February 1969 in Vietnam and received the basic award of the Air Medal.  Evidence of record also shows the applicant flew an additional 1,412 combat flight hours from 14 February 1969 through 29 December 1969.  Therefore, the applicant is entitled to 56 additional awards of the Air Medal, for a total of 57 awards of the Air Medal.  

3.  The applicant was separated in the rank of SP5 with 33 months of creditable active service with no time lost.  He received "excellent" conduct and efficiency ratings through his service.  There is also no record of any disciplinary actions or a commander's disqualification.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 29 March 1968 through 29 December 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his records should be corrected to show this award.

4.  Based on the applicant's service in Vietnam, he is eligible for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his records should be corrected to show this award.

5.  The applicant's DD Form 214 shows the Vietnam Service Medal with two bronze service stars; however, the applicant participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.
 
6.  The applicant's unit was cited for award of the Presidential Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tenure of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

7.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period and is eligible for this award.  Therefore, it would be appropriate to add this foreign unit award to his DD Form 214.

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.  deleting from item 24 of the applicant's DD Form 214 the Air Medal and the Vietnam Service Medal with two bronze service stars;

	b.  awarding him the Air Medal with Numerals 2 through 57; 

	c.  awarding him the first award of the Army Good Conduct Medal for the period 29 March 1968 through 29 December 1970; and 

	d.  adding to item 24 of the applicant's DD Form 214 the Army Commendation Medal, Army Good Conduct Medal, Air Medal with Numeral 57, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with 

Device (1960), Presidential Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      _________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)                                         AR20090005824



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ABCMR Record of Proceedings (cont)                                         AR20090005824



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