IN THE CASE OF:	  

		BOARD DATE:	  21 January 2010

		DOCKET NUMBER:  AR20090013340 


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 Air Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, any firearms qualification badges, and all other decorations, medals or badges that he may be authorized.

2.  The applicant states that these awards were omitted from his DD Form 214 when he was separated. 

3.  The applicant provides, in support of his application, copies of his two 
DD Forms 214, a citation and certificate for award of the Air Medal, his Fort Bragg, NC individual Jump Logs recording his parachute jumps, and his           DA Form 20 (Enlisted Qualification Record).  

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.  On 26 February 1965, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training, to include the Basic Airborne Course, and was awarded military occupational specialty (MOS) 67B1P (Aircraft Mechanic with parachutist qualification).  He was subsequently assigned to Fort Bragg, North Carolina.

3.  On 1 March 1967, the applicant was discharged for the purpose of immediate reenlistment.

4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, ending on 1 March 1967, lists his awards as the Marksman Marksmanship Qualification Badge with Rifle Bar, Parachutist Badge, Aircraft Crewman Badge, and the National Defense Service Medal.

5.  On 2 March 1967, the applicant reenlisted in the Regular Army for 6 years.

6.  On 25 February 1971, the applicant departed his unit for duty in the Republic of Vietnam.

7.  On 14 April 1971, the applicant was assigned as a helicopter technical inspector with the 175th Aviation Company.  He served with this unit until his return to the United States on or about 16 February 1972.

8.  On 30 March 1972, the applicant was assigned to the 82nd Aviation Battalion, located at Fort Bragg.

9.  The applicant has provided a copy of a certificate and citation showing that he was awarded the Air Medal for meritorious achievement while participating in aerial flight during the period from 19 April to 18 May 1971.

10.  Item 41 (Awards and Decorations) of the applicant's DA Form 20, audited on 9 January 1973, does not show award of the Air Medal.  Item 29 (Qualifications in Arms) of this same form is blank.

11.  On 1 March 1973, the applicant was honorably discharged.  He had attained the rank of specialist six, pay grade E-6 and had completed a total of 8 years and 14 days of creditable active duty service.


12.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, ending on 1 March 1973, lists his awards as the [Republic of] Vietnam Campaign Medal [with 1960 Device], Vietnam Service Medal, Good Conduct Medal (two awards) and the Aircraft Crewman Badge.  It does not show award of the Air Medal or the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

13.  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 U.S. Army Human Resources Command, failed to reveal any orders awarding the applicant the Air Medal.

14.  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.

15.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following three campaign periods: the Vietnam Counteroffensive, Phase VII; the Consolidation I; and the Consolidation II.  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 General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Air Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and all other decorations, medals or badges that he may be authorized.


2.  There are no general orders available that show the applicant was awarded the Air Medal.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Therefore, the Air Medal citation and certificate he provides are insufficient to show he was awarded this decoration and his request to correct his records to show award of the Air Medal should be denied.  However, should the applicant have, or be able to obtain, a copy of the orders awarding him the Air Medal, he may submit another application for consideration.

3.  Records show the applicant participated in three campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his Vietnam Service Medal.

4.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

5.  There is no evidence of record showing the applicant was awarded or authorized any firearms qualification badges or any additional awards or decorations.

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 showing that, in addition to the awards shown on his DD Form 214 ending on 
1 March 1973, his authorized awards include three bronze service stars to be affixed to his already-awarded Vietnam Service Medal and 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 Air Medal or any firearms qualification badges.




      _____ _   _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)                                         AR20090013340



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ABCMR Record of Proceedings (cont)                                         AR20090013340



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