IN THE CASE OF:	  

		BOARD DATE:	  3 November 2009

		DOCKET NUMBER:  AR20090007028 


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 awards and decorations, specifically numerous awards of the Air Medal and the Valorous Unit Award.

2.  The applicant states that he was involved in heavy field operations.

3.  The applicant provides a copy of his DD Form 214 for the period ending
19 December 1971; a copy of his DA Form 20 (Enlisted Qualification Record); a copy of General Orders Number 2387, issued by Headquarters, U.S. Army Vietnam on 13 October 1972; a copy of the lineage and honors for 7th Squadron, 17th Cavalry; and a copy of a support letter from his former company commander in the Republic of Vietnam in support of his request.

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 records show he enlisted in the Regular Army (RA) on 5 May 1970 for a period of 2 years.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 05F (Radio Teletypewriter Operator).  He was honorably released from active duty on 19 December 1971 in the rank/grade of specialist four (SP4)/E-4 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

3.  The applicant’s records show he served in the Republic of Vietnam from 10 March 1971 to on or about 18 December 1971.  He was assigned to B Troop, 7th Squadron, 17th Cavalry.

4.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), two overseas service bars, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  Item 24 does not show any awards of the Air Medal or the Valorous Unit Award. 

5.  The applicant submitted a copy of General Orders Number 2387, issued by Headquarters, U.S. Army Vietnam/MACV [Military Assistance Command, Vietnam] Support Command, dated 13 October 1972 that shows Troop B, 7th Squadron, 17th Air Cavalry, was awarded the Valorous Unit Award for extraordinary heroism while engaged in military operations in the Republic of Vietnam during the period 21 October 1971 to 8 December 1971.

6.  The applicant's records do not contain general orders awarding him the Air Medal and item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Air Medal.

7.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the United States Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Air Medal orders pertaining to the applicant.


8.  In the statement provided by his former commander, he states that the applicant flew in one of the command and control helicopters as a Forward Net 
Control Radio Operator.  His duties included setting all helicopters to crypto radio frequency before flight and getting secret radio codes for the day, among other required duties.  During flight missions he also gave fire control orders; relayed orders for fighter bombers; and relayed orders for helicopter, rescue, and medical evacuation launches.  He served as the onboard medic on return flights to camp and wrote a daily log of all unit actions that he signed.  Overall, despite not receiving any flight pay, he flew on approximately 200 missions.

9.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, Item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.

10.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

11.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  U.S. Army Human Resources Command, Personnel Service Support Division, 200 Stovall Street, Room 3S67, Alexandria, VA  22332-0405.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.



12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

13.  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.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is
3 years except in those cases when the period for the first award ends 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 are not disqualifying.

15.  Appendix B of Army Regulation 600-8-22 shows that during the applicant's tour of duty in the Republic of Vietnam he participated in the following three campaigns:  the Vietnam Counteroffensive, Phase VII (1 July 1970 - 30 June 1971), Consolidation I (1 July 1971 - 30 November 1971), and Consolidation II
 (1 December 1971 - 29 March 1972.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant's assignment to 
Troop B, 7th Squadron, 17th Cavalry, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 October 1971 to 31 January 1972 based on Department of the Army General Orders Number 43, dated 1970. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show all awards and decorations, including numerous Air Medals and the Valorous Unit Award. 

2.  General orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Valorous Unit Award which are not shown on his records.  Therefore, he is entitled to have his records corrected to show these unit awards.

3.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  The evidence of record confirms that the applicant honorably served during the period 5 May 1970 through19 December 1971.  He served in the Republic of Vietnam, he attained the rank/grade of SP4/E-4, and he received "excellent" conduct and efficiency ratings throughout his military service.  Lacking any derogatory information on file that would have disqualified him for award of the Army Good Conduct Medal, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

5.  With respect to his multiple awards of the Air Medal, there are no general orders that show the applicant was awarded the Air Medal.  In the absence of records or other independent evidence that would confirm he completed the number of missions necessary to be awarded the Air Medal, there is insufficient evidence upon which to base any awards of the Air Medal in this case.  Nevertheless, while the available evidence is insufficient for awarding the applicant the Air Medal, this in no way affects the applicant’s right to pursue his claim for this award by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.


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 his DD Form 214 the Vietnam Service Medal;

	b.  awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 5 May 1970 through 19 December 1971; and

	c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal (1st Award), Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Valorous Unit Award.

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 multiple awards of the Air Medal.



      ___________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)                                         AR20090007028



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ABCMR Record of Proceedings (cont)                                         AR20090007028



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