IN THE CASE OF:	  

		BOARD DATE:	  24 August 2010

		DOCKET NUMBER:  AR20100000826 


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 item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add:

* Good Conduct Medal (GCM)
* Air Medal (AM) with [numeral] 4 or 5
* Vietnam Service Medal (VSM) with three bronze service stars
* Republic of Vietnam (RVN) Civil Actions [Honor Medal First Class] Unit Citation (RVCAUC)
* ACM (unknown abbreviation)
* All medals for service in Germany from 16 March 1969 to 12 August 1969
* Awards earned by the unit[s] he served with in the RVN from 
25 September 1969 to 20 September 1970

2.  The applicant states the items listed above were left off [of his DD Form 214] upon leaving Vietnam and the Army.

3.  The applicant provides copies of his DD Form 214; DA Form 20 (Enlisted Qualification Record); and General Orders Number 1010, Headquarters, 
1st Aviation Brigade, dated 19 January 1970.




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 was inducted into the Army of the United States on 7 October 1968.  He was trained in and awarded military occupational specialty 67N (UH-1 Helicopter Repairman).  He was honorably released from active duty on 
24 September 1970 after completing 1 year, 11 months, and 18 days of active military service.  

3.  His DA Form 20 shows in item 31 (Foreign Service) the applicant served in Germany during the period 16 March 1969 through 12 August 1969 and in the RVN during the period 25 September 1969 through 24 September 1970.  

4.  Item 38 (Record of Assignments) of his DA Form 20 shows the applicant was assigned to Headquarters and Headquarters Company, 3d Infantry Division, U.S. Army Europe (USAREUR) from 24 March 1969 through 15 September 1969.  

5.  Item 38 of his DA Form 20 shows he was assigned to the following units for the following periods during his service in the RVN:

* 68th Assault Helicopter Company [later called the 68th Aviation Company] – 28 September 1969 to 21 March 1970
* 173d Aviation Company, 11th Aviation Battalion – 22 March 1970 to 
21 July 1970
* 128th Aviation Company, 11th Aviation Battalion – 22 July 1970 to 
21 September 1970

6.  Item 24 of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Aircraft Crewmans (sic) Badge.  

7.  The record is void of orders announcing award of the GCM to the applicant.
8.  On 6 July 1970, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for failing to go at the time prescribed to his appointed place of duty and disobeying a lawful order.  His punishment was reduction to private first class/E-3 (suspended for 60 days) and forfeiture of $120 for 1 month.

9.  On 17 July 1970, the applicant accepted NJP under Article 15, UCMJ for failing to go at the time prescribed to his appointed place of duty and failure to obey a lawful order.  His punishment was reduction to private 2 (PV2)/E-2 and forfeiture of $73 for one month.  The applicant appealed his punishment and was granted a 90-day suspension of punishment.  On 9 September 1970, the suspension was vacated and the applicant's punishment was executed.   

10.  Item 38 of his DA Form 20 shows the applicant received all "excellent" ratings for conduct and efficiency.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

12.  General Orders Number 1010, Headquarters 1st Aviation Brigade, dated 
19 January 1970, awarded the applicant the AM for meritorious achievement during the period 9 December 1969 to 20 December 1969.

13.  The record is void of orders announcing additional awards of the AM to the applicant and documentation of his participation in aerial missions during his service in the RVN.

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 U.S. Army Human Resources Command, failed to reveal orders announcing additional awards of the AM to the applicant.
15.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the AM.  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 AM.  However, the regulation was clear that these guidelines were considered only a departure point.

	a.  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. 

	b.  To be recommended for award of the AM, 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 times and adjust it to a common denominator.

16.  Army Regulation 600-8-22 (Military Awards) states Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the campaign periods for the Vietnam era.  The following four designated campaigns coincide with the applicant's period of service in the RVN:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

18.  Army Regulation 600-8-22 states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  
19.  Department of the Army Pamphlet 672-3 lists the unit awards received by units serving in the RVN.  The 68th Aviation Company and 173d Aviation Company were cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 May 1969 to 15 May 1970 by Department of the Army General Order (DAGO) Number 55, dated 1971.  The units were cited for the same actions as subordinate units of the 12th Aviation Group.

20.  DAGO Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, USARV and its subordinate units during the period 20 July 1965 to 28 March 1973.

21.  The record is void of documentation showing the applicant received awards for his service in Germany or that he received an award abbreviated as "ACM."

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

23.  Special Orders Number 336, Headquarters, U.S. Army Training Center, Infantry, and Fort Dix, dated 7 December 1968, show the applicant was awarded the Expert Marksmanship Qualification Badge with Grenade Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record partially supports the applicant's request for correction of item 24 of his DD Form 214 to show he was awarded the GCM, AM with numeral 4 or 5, the VSM with three bronze service stars, the RVN Civil Actions Honor Medal First Class Unit Citation, the ACM, medals for service in Germany from 16 March 1969 to 12 August 1969, and awards earned by the units he served with in Vietnam (RVN) from 25 September 1969 to 20 September 1970.  

2.  The evidence of record shows the applicant received NJP twice and had the suspension of his second punishment vacated for unspecified reasons.  Although he received all "excellent" conduct and efficiency ratings, given his record of misconduct he is not entitled to award of the GCM.

3.  General orders awarded the applicant the AM.  He is entitled to correction of his DD Form 214 to show this award.  

4.  The record is void of documentation showing he received multiple awards of the AM or that he met the USARV criteria for additional awards of the AM.  Therefore, he is not entitled to correction of his DD Form 214 to show additional awards of the AM.

5.  The applicant served in the RVN during four named campaigns.  He is entitled to correction of his DD Form 214 to show he was awarded the VSM with four bronze service stars.

6.  The applicant served in two units during periods for which the units were cited in a DAGO for award of the RVN Civil Actions Honor Medal First Class Unit Citation.  The units were cited for the same actions as subordinate units of the same aviation group.  He is entitled to correction of his DD Form 214 to show one award of the RVN Civil Actions Honor Medal First Class Unit Citation.  

7.  The applicant refers to the ACM.  Presumably, this is an abbreviation for the Army Commendation Medal.  There is no evidence of record showing he was awarded the Army Commendation Medal or any other awards abbreviated as "ACM."  Accordingly, he is not entitled to correction of his DD Form 214 to show the "ACM."

8.  A DAGO announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, USARV and its subordinate units during the period 
20 July 1965 to 28 March 1973.  The applicant is entitled to correction of his DD Form 214 to show award of the RVN Gallantry Cross with Palm Unit Citation.  

9.  The applicant's record does not show he received or became eligible for any awards during his service in Germany, and he has not provided evidence showing he is entitled to any awards for that service.  Therefore, he is not entitled to correction of his record to show he received awards for his service in Germany.

10.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Grenade Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  He is entitled to correction of his DD Form 214 to show these awards.






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 from item 24 of his DD Form 214, and

	b.  adding the following to item 24 of his DD Form 214:

* Air Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (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 additional awards of the AM, ACM, and awards for service in Germany.  



      __________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)                                         AR20100000826





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ABCMR Record of Proceedings (cont)                                         AR20100000826



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