IN THE CASE OF:	  

		BOARD DATE:	  5 January 2010

		DOCKET NUMBER:  AR20090012644 


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, in effect, correction of his records to show all of his awards and decorations.

2.  The applicant states he served in Vietnam from December 1970 through July 1972 and participated in four campaigns (i.e., the Vietnam Counteroffensive Phase VII, Consolidation I, Consolidation II, and Vietnam Cease-Fire campaigns).  He also states he has citations for two Army Commendation Medals and orders for the Aircraft Crewmember Badge.  He adds he was on flight status and flew regularly as part of his duties, so he should have been awarded the Air Medal.

3.  The applicant provides, in support of his application, copies of award citations and orders, two pay statements, and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 and entered active duty in the Regular Army on
22 December 1969.  Upon completion of training he was awarded military occupational specialty (MOS) 67U (CH-47 Helicopter Repairman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  Item 31 (Foreign Service) he was assigned overseas in the Republic of Vietnam (RVN) from 13 December 1970 through 16 July 1972;

   b.  Item 38 (Record of Assignments) that he was assigned to:

       (1)  Headquarters and Headquarters Company, 15th Transportation Battalion, 1st Cavalry Division (Airmobile), from 24 December 1970 through
9 January 1971;

       (2)  Company A, 15th Transportation Battalion, 1st Cavalry Division (Airmobile), from 10 January through 16 April 1971; 

       (3)  Detachment 2 (Aircraft Maintenance Company), Headquarters and Headquarters Company, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile), from 17 April through 16 July 1971; 

       (4)  Transportation Company (Aircraft Maintenance), 215th Combat Service Battalion (Support), 3rd Brigade (Separate), 1st Cavalry Division (Airmobile), from 17 July 1971 through 3 February 1972; 

       (5)  Headquarters and Headquarters Company, 229th Aviation Battalion, 3rd Brigade (Separate), 1st Cavalry Division, from 4 February through 29 April 1972; and

       (6)  the 362nd Aviation Battalion, 3rd Brigade (Separate), 1st Cavalry Division, from 30 April through 12 July 1972;

   c.  Item 39 (Campaigns) that he served in the RVN during a [then unnamed] campaign commencing 1 May 1970; and in

   d.  Item 41 (Awards and Decorations) that he was awarded the National Defense Service Medal, Vietnam Service Medal, Overseas Service Bar, and Army Commendation Medal.
4.  Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile), General Orders Number 2200, dated 11 November 1971, show the applicant was awarded the Army Commendation Medal for meritorious service in the RVN from April to December 1971.

5.  Headquarters, U.S. Army, Vietnam/Military Assistance Command Vietnam Support Command, General Orders Number 1687, dated 29 July 1972, show the applicant was awarded the Army Commendation Medal for meritorious service in the RVN from July 1971 to June 1972.

6.  The applicant's military personnel records do not contain any orders or other evidence that shows he was awarded the Air Medal.

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 additional award orders pertaining to the applicant.

8.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists campaigns for Vietnam.  This document shows that the applicant served in the RVN during the Vietnam Counteroffensive Phase VII, Consolidation I, Consolidation II, and Vietnam Cease-Fire campaigns.  This regulation also provides, in pertinent part, for 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.

9.  The applicant's DD Form 214 shows he was honorably released from active duty on 17 July 1972 and he transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  At the time he had completed 2 years, 6 months, and 26 days of net active service and 1 year, 10 months, and 17 days of foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Army Commendation Medal.

10.  A review of the applicant's military personnel records shows he may be authorized additional awards that are not shown on his DD Form 214.

11.  Headquarters, U.S. Army Training Center and Fort Campbell, Fort Campbell, Kentucky, Special Orders Number 54, dated 24 February 1970, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.

12.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  The applicant's records show he received "excellent" conduct and efficiency ratings throughout his entire period of military service and there is no evidence that the applicant's commander denied him award of the Army Good Conduct Medal.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.

   a.  This document shows that at the time of the applicant's assignment to Headquarters and Headquarters Company, 15th Transportation Battalion, the unit was cited for award of the:

       (1)  Meritorious Unit Commendation by Headquarters, Department of the Army, General Orders Number 43 (1972); and the 

       (2)  Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 42 (1972);

   b.  This document also shows that at the time of the applicant's assignment to the Transportation Company (Aircraft Maintenance), 215th Combat Service Battalion (Support), the unit was cited for award of the Meritorious Unit Commendation by Headquarters, Department of the Army, General Orders Number 5 (1973), as amended by Headquarters, Department of the Army, General Orders Number 14 (1979); and	

   c.  This document further shows that at the time of the applicant's assignment to Headquarters and Headquarters Company, 229th Aviation Battalion, and the
362nd Aviation Battalion, both units were cited for award of the Presidential Unit Citation by Headquarters, Department of the Army, General Orders Number
19 (1974), as amended by Headquarters, Department of the Army, General Orders Number 18 (1979).

14.  In support of his application, the applicant provides the following documents.

	a.  Two DA Forms 4980-14 (The Army Commendation Medal) certificates that show the applicant was awarded the Army Commendation Medal for meritorious service in the RVN from April to December 1971 and from July 1971 to June 1972.
   b.  Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile), Special Orders Number 82, dated 22 March 1972, show the applicant was awarded the Aircraft Crewmember Badge (Permanent) effective 7 December 1971.

   c.  Two DA Forms 3686 (Leave and Earnings Statements) for the months of May and June 1972.  Item 20 of both of the forms show the applicant received flight pay for each of these two months in the amount of $55.00.

15.  Army Regulation 600-8-22 provides policy, criteria, and administrative instructions concerning military awards and decorations.  Additionally, this regulation provides that:

   a.  the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself by heroism, meritorious achievement or meritorious service.  This Army regulation also provides that an oak leaf cluster is awarded to denote the second and each succeeding award of certain decorations, among which is the Army Commendation Medal.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required;

   b.  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; and

   c.  the Army Good Conduct Medal is awarded to individuals who have completed a qualifying 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.

16.  Title 10 of the U.S. Code, section 1130 (10 USC 1130), provides the legal authority for consideration of proposals for decorations not previously submitted in 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.

17.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show two awards of the Army Commendation Medal, the Air Medal, Vietnam Service Medal with four bronze service stars, and Aircraft Crewmember Badge.

2.  General orders awarded the applicant the Army Commendation Medal for meritorious service in the RVN from April to December 1971.  General orders also awarded the applicant the Army Commendation Medal for meritorious service in the RVN from July 1971 to June 1972.  Therefore, it would be appropriate to correct the applicant’s DD Form 214 to show two awards of the Army Commendation Medal.

3.  There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Air Medal.  A review of the ADCARS of general orders issued during the Vietnam era also failed to produce a copy of Air Medal orders pertaining to the applicant.  In addition, the applicant provides insufficient evidence to support his claim to the award.  Therefore, the applicant is not entitled to correction of his records in this instance.

4.  While the available evidence is insufficient for awarding the applicant the Air Medal, this in no way affects the applicant's right to pursue a claim for the award by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

5.  The applicant served a qualifying period of active duty service for the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to approve this award for the period 22 December 1969 to 17 July 1972 and show it on his DD Form 214.

6.  The applicant qualified for award of the Vietnam Service Medal and he served in four campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his DD Form 214 to show award of four bronze service stars to be affixed on his already-awarded Vietnam Service Medal.

7.  General orders cited two of the applicant's units of assignment for award of the Presidential Unit Citation during the period of his assignment to the units. Therefore, it would be appropriate to correct his DD Form 214 to show two awards of the Presidential Unit Citation.

8.  General orders awarded the applicant's units the Meritorious Unit Commendation on two separate occasions.  Therefore, it would be appropriate to correct his DD Form 214 to show two awards of this unit award.

9.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show this foreign unit award.

10.  Special orders awarded the applicant the Aircraft Crewmember Badge (now known as the Basic Aviation Badge).  Therefore, it would be appropriate to correct his DD Form 214 to show this badge.

11.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.  Therefore, it would be appropriate to correct his DD Form 214 to show this badge and the component bar.

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.  awarding him the Army Good Conduct Medal for exemplary conduct, efficiency, and fidelity for the period 22 December 1969 to 17 July 1972;

   b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal and Army Commendation Medal; and

   c.  adding to item 24 of his DD Form 214 the Army Commendation Medal (2nd Award), Army Good Conduct Medal, Vietnam Service Medal with four bronze service stars, Presidential Unit Citation (2nd Award), Meritorious Unit Commendation (2nd Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Basic Aviation Badge, and Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.

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 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)                                         AR20090012644



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ABCMR Record of Proceedings (cont)                                         AR20090012644



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