IN THE CASE OF:	  

		BOARD DATE:	  4 February 2010

		DOCKET NUMBER:  AR20090013961 


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 his DD Form 214 (Report of Transfer or Discharge) be corrected to show entitlement to the Air Medal, the Good Conduct Medal, and the Republic of Vietnam Gallantry Cross with Bronze Star. 

2.  The applicant states he was awarded the Republic of Vietnam Gallantry Cross with Bronze Star.  He was assigned, as a cavalryman, to air assault status for five months and was told he would receive the Air Medal.  His service record meets the criteria for award of the Good Conduct Medal.

3.  The applicant provides copies of orders awarding him the Republic of Vietnam Gallantry Cross with Bronze Star, his DD Form 214, and an internet printout listing the requirements for award of the Air Medal.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

The applicant indicated on the DD Form 149 that the Veterans of Foreign Wars of the United States (VFW) would act as counsel.  The VFW announced that, effective 1 September 2005, it can no longer participate as a representative in matters pertaining to correction of military records.  As a result, this case is being considered by the Army Board for Correction of Military Records (ABCMR) without referral to the VFW for review and comment. 

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 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 19 September 1968, completed training, and was awarded the military occupational specialty 11D (Armor Reconnaissance Specialist).

3.  Headquarters, Republic of Vietnam Armed Forces, II Corps Zone, General Orders Number 16/SD23 K23CT/TQT/CP/HC/CL awarded the applicant the personal award of the Republic of Vietnam Gallantry Cross with Bronze Star for his actions on April 1st and 2nd, 1970.  The formal U. S. Army approval for him to accept this award is not available.  However the official translation of the orders is signed by a U.S. Army captain in his capacity as the Province Administrative Officer. 

4.  The applicant was released from active duty on 17 September 1971.  He had completed 2 years, 11 months, and 29 days of creditable active service with no time lost.

5.  The DD Form 214 shows the applicant's awards as the National Defense Service Medal, the Purple Heart, the Bronze Star Medal with "V" Device, the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle and Pistol Bars, the Expert Marksmanship Qualification Badge with Machine Gun Bar, the Vietnam Service Medal with two bronze service stars, and the Vietnam Campaign Medal with Device (1960).

6.  The applicant's DA Form 20 (Enlisted Qualification Record) provides the following:

	a.  service in Germany from 8 March 1969 through 12 September 1969 and in Vietnam from 26 October 1969 through 9 September 1970;


	b.  assignment in Vietnam to B Troop, 2nd Squadron, 1st Cavalry Regiment from 30 October 1969 through 31 August 1970 as a senior scout observer;

	c.  his conduct and efficiency ratings are records as "excellent" with the exception of a period while serving in Germany that is recorded as "good";

	d.  no campaigns are listed in block 39;

	e.  his awards are listed as the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with Device (1960), the Purple Heart, the Bronze Star Medal with "V" Device [this entry is listed twice with the same award authority], the Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and 

	f.  the Good Conduct Medal is listed but crossed out and no authorization date or order is recorded.

7.  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 that while the applicant was assigned to the 2nd Squadron, 1st Cavalry Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

8.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provides the following:

	a.  defined terms and provided guidelines for the Air Medal 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, an individual must have completed a minimum of 25 category I missions, 50 category II missions or 100 category III missions.  Since various types of missions would have been completed in accumulating flight time toward award of an Air Medal for sustained operations, different computations would have had to be made to combine category I, II and III flight time and adjust it to a common denominator; and 

	b.  the 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.

9.  Army Regulation 600-8-22 (Military Awards) provides the following:

	a.  the Air Medal is awarded in time of war for heroism, for meritorious achievement and for meritorious service (sustained operations).  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required; and 

	b.  a bronze service star is authorized, based on qualifying service, for each designated campaign period listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. Based on the applicant's dates of service in Vietnam, Appendix B indicates he served during the following four campaign periods:  the Vietnam Summer-Fall 1969, 9 June 1969 - 31 October 1969; the Vietnam Winter-Spring 1970; 1 November 1969 - 30 April 1970; the DA Sanctuary Counteroffensive 1 May 1970 - 30 June 1970; and the Counteroffensive Phase VII, 1 July 1970 - 30 June 1971. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was awarded the Republic of Vietnam Gallantry Cross with Bronze Star and meets the criteria for award of the Air Medal and the Good Conduct Medal.

2.  The record does not contain and the applicant has not provided any documentation to show he was in a flight status or participated in any air assault or other missions to meet the criteria for award of the Air Medal. 

3.  The applicant had a period where his conduct and efficiency was reported as "good."  In accordance with the regulations in effect at the time of his service this precludes his award of the Good Conduct Medal. 

4.  The applicant served Vietnam during four campaign periods and is authorized award of four bronze service stars to be worn on his Vietnam Service Medal.  His DD Form 214 shows only two bronze service stars.
5.  The applicant was awarded and authorized to wear the personal award of the Republic of Vietnam Gallantry Cross with Bronze Star.  This award is not documented in his records or on the DD Form 214.

6.  He served in a unit during the period it was authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This award is not shown on the DD Form 214.

7.  Therefore, the applicant's records should be corrected to show that, in addition to the awards listed on the DD Form 214, the applicant is also authorized award of the Republic of Vietnam Gallantry Cross with Bronze Star, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and to wear four bronze service stars on his already-awarded Vietnam Service Medal. 

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 the Vietnam Service Medal with two bronze service stars from the DD Form 214; and 

	b.  showing that, in addition to the awards listed on the DD Form 214, the applicant is also authorized award of the Vietnam Service Medal with four bronze service stars the Republic of Vietnam Gallantry Cross with Bronze Star, 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 and the Good Conduct 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)                                         AR20090013961





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ABCMR Record of Proceedings (cont)                                         AR20090013961



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