BOARD DATE:	  February 25, 2010

		DOCKET NUMBER:  AR20090014176 


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 Silver Star, Air Medal, and Bronze Star Medal with "V" Device.

2.  The applicant states that these awards were omitted from his DD Form 214.

3.  The applicant provides, in support of his application, copies of his orders for award of the Silver Star and certificates for award of the Air Medal and Bronze Star Medal for meritorious achievement.

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 28 October 1966, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training, to include the Basic Airborne Course, and was subsequently awarded military occupational specialty 11B4P (Light Weapons Infantryman with parachutist qualification).

3.  Special Orders Number 353, United States Army Training Center and Fort Leonard Wood, dated 19 December 1966, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  On 27 September 1967, the applicant was assigned for duty as an ammunition bearer with C Company, 2nd Battalion (Airborne), 501st Infantry Regiment, located at Fort Campbell, Kentucky.

5.  On or about 16 December 1967, the applicant went with his unit to the Republic of Vietnam.

6.  General Orders Number 7963, 101st Airborne Division, dated 22 October 1968, awarded the applicant the Bronze Star Medal for meritorious achievement during the period from 1 January to 31 August 1968.

7.  General Orders Number 8227, 101st Airborne Division, dated 24 October 1968, awarded the applicant the Silver Star for heroism in ground combat against a hostile enemy on 24 March 1968.

8.  General Orders Number 9403, 101st Airborne Division, dated 14 November 1968, awarded the applicant the Bronze Star Medal with "V" Device for heroism in ground combat against a hostile enemy on 20 June 1968.

9.  On 9 December 1968, the applicant returned to the United States for duty at Fort Bragg, North Carolina.

10.  The applicant provided a copy of an award certificate for the Air Medal, dated 17 December 1968.  There are no available orders or other documentary evidence of record to corroborate this award certificate.

11.  On 14 April 1969, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for missing morning formation.  The punishment included a forfeiture of $65.00 pay per month for 1 month and 14 days restriction.


12.  On 27 October 1969, the applicant was released from active duty.  He had attained the rank of sergeant, pay grade E-5, and had completed 3 years of creditable active duty with no time lost.

13.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, Combat Infantryman Badge, Vietnam Campaign Medal, Army Commendation Medal, and the Bronze Star Medal.  It does not show award of the Silver Star, Bronze Star Medal with "V" Device, or the Air Medal.

14.  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 orders awarding the applicant the Air Medal.

15.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

16.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were "excellent".  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

17.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had 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.  

18.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following five campaign periods: the Vietnam Counteroffensive, Phase III; the Tet Counteroffensive; the Vietnam Counteroffensive, Phase IV; the Vietnam Counteroffensive, Phase V; and the Vietnam Counteroffensive, Phase VI.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

19.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 2nd Battalion, 501st Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 21, dated in 1969, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and in DAGO Number 48, dated in 1971, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

20.  Army Regulation 600-8-22 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to add the Silver Star, Bronze Star Medal with "V" Device, and the Air Medal.

2.  General orders clearly show that the applicant was awarded the Silver Star, the Bronze Star with "V" Device, and the Bronze Star Medal for meritorious achievement.  Therefore, these awards should be shown on his DD Form 214.

3.  There are no available general orders showing that the applicant was awarded the Air Medal.  The certificate provided by the applicant is not sufficient evidence by itself upon which to base a correction of his records.  Should he have, or be able to obtain, a copy of the orders awarding him the Air Medal, or be able to provide other evidence to corroborate this award certificate, he may submit another application for consideration.  

4.  The applicant’s records clearly show that he distinguished himself in the performance of his military service by attaining the rank of sergeant, pay grade E-5; and by receiving four personal decorations, two of which were for heroism.  His subsequent punishment for once missing a morning formation was not a significant detraction from the overall quality of his service and did not affect his receipt of all "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

5.  Records show that the applicant participated in five campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of a silver service star to be affixed to his Vietnam Service Medal.

6.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

7.  Special orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, his records should be corrected to show this award.

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 the period 28 October 1966 to 27 October 1969;

	b.  deleting from his DD Form 214 the Vietnam Service Medal and the Bronze Star Medal; and

   c.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Silver Star, Bronze Star Medal with one Oak Leaf Cluster and "V" Device, Army Good Conduct Medal, Vietnam Service Medal with one silver service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Marksman Marksmanship Qualification Badge with 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)                                         AR20090014176





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ABCMR Record of Proceedings (cont)                                         AR20090014176



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