BOARD DATE:	  21 January 2010

		DOCKET NUMBER:  AR20090014542 


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, that the Bronze Star Medal (BSM), Combat Infantryman Badge (CIB), and Air Medal (AM) be added to the list of awards on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states, in effect, he received the BSM and CIB and participated in multiple air assault missions weekly while serving in Vietnam.  

3.  The applicant provides BSM orders and certificate, Vietnam combat certificate, awards congratulatory letter, and his DD Form 214 in support of his application.  

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 record shows he was inducted into the Army of the United States and entered active duty on 21 March 1968.  He was trained in and awarded military occupational specialty (MOS) 11B (light weapons infantryman).

3.  The applicant's record contains two DA Forms 20 (Enlisted Qualification Records), which show he served in the Republic of Vietnam (RVN) from 
28 February 1969 through 21 June 1969.  They also show that during his RVN tour he was assigned to Company D, 2nd Battalion, 5th Cavalry Regiment, 
1st Air Cavalry Division, performing duties in MOS 11B as a squad leader and assistant platoon sergeant.  

4.  The DA Forms 20 also show that during his active duty tenure he earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), 
RVN Campaign Medal (RVNCM), CIB, Purple Heart (PH), AM, and Expert Marksmanship Qualification Badge with Machine Gun (M-60) and Rifle (M-16) Bars.  The records further show he received no less than "excellent" conduct and efficiency ratings at all of his active duty assignments.  

5.  The applicant's Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

6.  The applicant's OMPF contains Headquarters, 1st Air Cavalry Division, Special Orders Number 168, dated 17 June 1969, which awarded him the CIB.  It also contains Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 8267, dated 4 July 1969, which awarded him the BSM for his meritorious service during the period February through June 1969.  

7.  The applicant's OMPF also contains Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 14813, dated 22 November 1969, which awarded him the Silver Star for gallantry in action on 20 June 1969, while performing the mission assigned to his company of defending a landing zone, which was attacked by a battalion size enemy force.  

8.  On 20 March 1970, the applicant was honorably released from active duty after completing a total of 2 years of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the NDSM, VSM, RVNCM, PH, and “Army Medal.”


9.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-13 of the awards regulation contains guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized for each RVN campaign a member is credited with participating in.  

10.  Paragraph 3-15 contains guidance on the AM and states, in pertinent part, that it 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; however, it is also 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.  

11.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of active 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 were not disqualifying.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant’s tenure of assignment in the RVN, his unit (Company D, 2nd Battalion, 5th Cavalry Regiment) was awarded the RVN Gallantry Cross with Palm Unit Citation in Department of the Army General Order (DAGO) Number 59 in 1969.  It also shows that during this period, participation credit was granted for the Vietnam Counteroffensive Phase VI (2 November 1968 through 22 February 1969) and TET 69 Counteroffensive (23 February 1969 through 8 June 1969) campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention of entitlement to the BSM and CIB was carefully considered and found to have merit.  The evidence of record confirms the applicant was awarded the CIB, as evidenced by orders contained in his OMPF, and an entry contained on his DA Form 20.  It also confirms he was awarded the BSM for his meritorious service in the RVN during the period February 1969 through June 1969, as evidenced by orders contained in his record.  Therefore, it would be appropriate to add these awards to his DD Form 214 at this time.

2.  The applicant's contention that he participated in 2 to 3 air assault missions per week during the period between February and June 1969, and should have been awarded the AM, was also carefully considered and found to have merit.  

3.  Although the applicant's record does not include AM orders, it does contain a DA Form 20 entry indicating the applicant was awarded the AM.  It further shows he was assigned to the 5th Cavalry Regiment, an airmobile unit that would have routinely participated in air assault missions.  This coupled with his valor awards, which include the SS, which he earned while performing his mission of defending a landing zone, all corroborate his claim that he performed the necessary 
air assault missions to qualify for the AM.  Additionally, given his DA Form 20 contains an entry indicating he was awarded the AM and his DD Form 214 lists an award titled the “Army Medal,” which does not exist has never been an authorized Army award, it is reasonable to presume this entry represents the AM listed on his DA Form 20.  Therefore, it would be appropriate, in the interest of equity, to delete the current “Army Medal” entry on his DD Form 214 and to replace it with the Air Medal.  

4.  The applicant's record also confirms he received no less than "excellent" conduct and efficiency ratings at all of his active duty assignments and that his record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  Therefore, it would be appropriate to award him the 1st award of the AGCM for his qualifying period of honorable active duty service from 21 March 1968 through 20 March 1970.

5.  The evidence of record further confirms the applicant was awarded the SS for his gallantry in action in the RVN on 20 June 1969, in orders published in November 1970, subsequent to his discharge.  It further shows he earned the Expert Marksmanship Qualification Badge with Machinegun and Rifle Bars, and that based on his RVN service and campaign participation, he is also eligible for the RVN Gallantry Cross with Palm Unit Citation and 2 bronze service stars for wear on his already-awarded VSM.  Therefore, it would also be appropriate to add these awards to DD Form 214 at this time.  

BOARD VOTE:

___x____  ____x_  ___x____      GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 his qualifying period of honorable active duty service from 21 March 1968 through 20 March 1970; and

   b.   amending item 24 of his DD Form 214 by deleting the Vietnam Service Medal and Army Medal and adding the Silver Star, Bronze Star Medal, Air Medal, Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Vietnam Service Medal with 2 bronze service stars, Combat Infantryman Badge, and Expert Marksmanship Qualification Badge with Machinegun and Rifle Bars.




      _______ _   __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)                                         AR20090014542



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ABCMR Record of Proceedings (cont)                                         AR20090014542



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