IN THE CASE OF:	  

		BOARD DATE:	  1 April 2010

		DOCKET NUMBER:  AR20090015651 


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 five awards of the Air Medal, VSM [Vietnam Service Medal] with two or three bronze service stars, VCG w/palm [Republic of Vietnam Gallantry Cross with Palm Unit Citation], VCAM [Republic of Vietnam Campaign Medal], Expert Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with an unknown weapon.  He also requests all awards and decorations he earned as a result of his service in Vietnam and Korea.

2.  The applicant states that he served in Korea from 20 January 1963 to 6 February 1964 and in Vietnam from 11 June 1967 to 8 June 1968.

3.  The applicant provides a copy of his DD Form 214 for the period ending
1 November 1968 and a copy of his DA Form 66 (Officer 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.  The applicant requested that the Republic of Vietnam Campaign Medal be added to his DD Form 214.  His DD Form 214 currently shows he was awarded the Republic of Vietnam Campaign Medal.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant's records show he was appointed as an infantry second lieutenant and entered active duty on 8 October 1962.  He served in various command and staff positions and attained the rank of captain (CPT).

4.  His records also show he served in Korea from 20 January 1963 to 6 February 1964 and was assigned to Headquarters, 1st Battle Group, 7th Cavalry.  He also served in Vietnam from 11 June 1967 to 8 June 1968 and was assigned to Company D, 1st Battalion, 7th Cavalry.

5.  He was honorably released from active duty on 1 November 1968 in the rank of CPT and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Silver Star, Bronze Star Medal (1st Oak Leaf Cluster) with "V" Device, Purple Heart, Air Medal, Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal, and one overseas service bar.

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 during his assignment to the 1st Battalion, 7th Cavalry, his unit was awarded the Valorous Unit Award for the period
1 to 31 October 1967, based on Department of the Army General Orders (DAGO) 39, dated 1970; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 November 1965 to 19 May 1969 based on DAGO 70, dated 1969.

8.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows he participated in the Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968), TET Counteroffensive (30 January 1968 to 1 April 1968), and 
Vietnam Counteroffensive, Phase IV (2 April 1968 to 30 June 1968) campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

9.  Headquarters, U.S. Army Garrison, Fort Polk, LA, Special Orders Number 169, dated 24 November 1964, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

10. Item 23 (Qualification in Arms) of his DA Form 66 shows he qualified expert with the M-16 rifle on 15 March 1969 and was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

11.  Three typical sources in his service records do not show he was awarded five awards of the Air Medal:

	a.  His service records do not contain general orders for five awards.

	b.  The Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, does not reveal any orders for the Air Medal pertaining to the applicant.

	c.  His flight record is not available for review with this case.

12.  Army Regulation 600-8-22 provides for the following awards:

	a.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense.  Members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.

	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.

13.  U.S Army, Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal.  It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  It defined terms and provided guidelines for the award 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 these guidelines were considered only a departure point.  

14.  Combat missions were divided into three categories.  A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force, or delivery of friendly troops or supplies into the immediate combat operations area.  A category II mission was characterized by support rendered a friendly force immediately before, during or immediately following a combat operation.  A category III mission was characterized by support of friendly forces not connected with an immediate combat operation but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire, or under hazardous weather or terrain conditions.

15.  To be recommended for award of the Air Medal, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show various individual and/or unit awards.

2.  General orders awarded the applicant’s unit of assignment the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show these unit awards.

3.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, his records show he participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to correction of his records to show award of three bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  The evidence of record shows he served in Korea from on or about 20 January 1963 to on or about 6 February 1964.  Therefore, he served a qualifying period for award of the Korea Defense Service Medal and is entitled to correction of his records to show this award.

5.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16) which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

6.  There is no evidence of record to show he was awarded a Sharpshooter Marksmanship Qualification Badge.

7.  With respect to five awards of the Air Medal, there are no general orders that show he was awarded more than one award of the Air Medal and his flight record is not available for review.  In the absence of records or other independent evidence that would confirm he completed the number of missions necessary to be awarded five awards of the Air Medal, there is insufficient evidence upon which to base awarding him five awards of the Air Medal in this case.

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 from item 24 of his DD Form 214 the Vietnam Service Medal and 
b.  adding to item 24 of his DD Form 214 the Vietnam Service Medal with
three bronze service stars, Korea Defense Service Medal, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16).

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 five awards of the Air Medal or a Sharpshooter Marksmanship Qualification Badge.



      __________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)                                         AR20090015651



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ABCMR Record of Proceedings (cont)                                         AR20090015651



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