BOARD DATE:	  21 September 2010

		DOCKET NUMBER:  AR20100008859 


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 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) be corrected to show he was awarded:

* the Air Medal with "V" device
* additional Air Medals
* the Aircraft Crewman Badge (currently known as the Aviation Badge)

2.  The applicant states he earned these medals and they were not included on his DD Form 214.

3.  The applicant provides copies of his:

* DD Form 214
* his orders for the Air Medal with "V" device
* his orders for the Aircraft Crewman Badge
* an unsigned citation for award of the Air Medal
* a certificate for the award of the Air Medal (second through twentieth award)


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 military personnel records show he enlisted in the Regular Army on 12 January 1970 for a period of 2 years.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 05B (Radio Operator).

3.  Headquarters, 2nd Advanced Individual Training Brigade, U.S. Army Training Center, Armor Special Orders Number 111, dated 27 May 1970, awarded the applicant the Expert Marksmanship Qualification Badge for the M-14 rifle.

4.  The applicant served in the Republic of Vietnam during the period 25 June 1970 to 14 August 1971.  He was assigned to:

* Headquarters and Headquarters Company, 3rd Battalion (Airmobile), 187th Infantry from 8 July 1970 to 22 April 1971
* Headquarters and Headquarters Company, 3rd Brigade, 101st Airborne Division from 23 April 1971 to 14 August 1971

5.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number 7966, dated 28 July 1971, awarded the applicant the Air Medal with "V" device for heroism while participating in aerial flight in the Republic of Vietnam on 
25 March 1971.

6.  Headquarters, 101st Airborne Division (Airmobile) Special Orders Number 223, dated 11 August 1971, awarded the applicant the Aircraft Crewman Badge effective 4 August 1971.

7.  On 15 August 1971, the applicant was released from active duty.  He had completed 1 year, 7 months, and 4 days of active service that was characterized as honorable.  Item 24 of his DD Form 214 does not show he was awarded any Air Medals or the Aircraft Crewman Badge.  It does show he was awarded the Vietnam Service Medal, National Defense Service Medal, Bronze Star Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

8.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

9.  There are no orders in the applicant's Military Personnel Records Jacket (MPRJ) awarding him any Air Medals for meritorious achievement.  His MPRJ does not contain any flight records showing the number and type of missions he participated in.

10.  The applicant submitted an unsigned citation awarding him the Air Medal for meritorious achievement while participating in sustained aerial flight in support of combat ground forces in the Republic of Vietnam during the period from 
27 September 1970 to 19 May 1971.

11.  The applicant submitted a certificate awarding him the Air Medal (second through twentieth award) for meritorious achievement while participating in aerial flight in support of combat ground forces in the Republic of Vietnam during the period from 27 September 1970 to 19 May 1971.

12.  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 for award of the Air Medal for the applicant.

13.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 shows he served in the:

* DA Sanctuary Counteroffensive Campaign (1 May 1970 - 30 June 1970)
* Vietnam Counteroffensive Phase VII Campaign (1 July 1970 - 30 June 1971)
* Consolidation I Campaign (1 July 1971 - 30 November 1971)

14.  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 pamphlet states the 3rd Battalion, 187th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 
1 March to 9 October 1971.

15.  References:

	a.  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 that these guidelines were considered only a departure point.  

	b.  USARV Regulation 672-1 provided, in pertinent part, guidelines for award of the Air Medal for sustained operations.  Appendix IV of the regulation required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status will be submitted on USARV Form 157-R.  The recommendation for award must also state that the individual has “met the required number of missions and hours for award of the Air Medal”, and that “the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident”, and that the “individual’s accomplishments and service throughout the period have reflected meritorious performance, with no instance of non-professionalism, mediocrity, or failure to display an aggressive spirit.”

	c.  Army Regulation 672-5-1 (Military Awards), then in effect, provided that all awards of decorations or the Army Good Conduct Medal made pursuant to delegated authority would be announced in general orders by the commander authorized to make the award, except that awards of decorations made by Heads of Headquarters Department of the Army agencies would be announced in Department of the Army General Orders.

	d.  Army Regulation 672-5-1 further stated the Army Good Conduct Medal was awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  It was awarded on a selective basis to each Soldier who distinguished himself from among his fellow Soldiers by his exemplary conduct, efficiency, and fidelity while in an enlisted status.  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.  There must have been no convictions by a 
court-martial.  

	e.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends Item 24 of his DD Form 214 should be corrected to show he was awarded:

* the Air Medal with "V" device
* additional Air Medals
* the Aircraft Crewman Badge

2.  Orders show the applicant was awarded the Air Medal with "V" device and the Aircraft Crewman Badge.  Therefore, the Air Medal with "V" device and the Aircraft Crewman Badge (that is, the Aviation Badge) should be included on his 
DD Form 214.  Based on the orders for the award of the Expert Marksmanship Qualification Badge, dated 27 May 1970, the Expert Marksmanship Qualification Badge with Rifle Bar should be included on his DD Form 214.   

3.  The applicant submitted a citation and a certificate for the award of additional Air Medals.  However, there are no orders in his MPRJ awarding him the additional Air Medals and there are no flight records available to substantiate these awards.  Army regulations require that for all personal decorations formal recommendations, approval through the chain of command, and announcement in orders are required.  Therefore, due to the absence of orders or substantive evidence showing he is eligible for additional Air Medals, there is insufficient evidence to include these awards on his DD Form 214.

4.  The applicant's records do not show indiscipline or lost time, and he received conduct and efficiency ratings of "excellent" throughout his military service. Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 12 January 1970 to 15 August 1971 ending with termination of a period of Federal military service.
5.  The applicant's military personnel records show he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars to be worn on his Vietnam Service Medal.  

6.  Based on his service with the 3rd Battalion, 187th Infantry, the applicant is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 from 
12 January 1970 to 15 August 1971;

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

	c.  Amending item 24 of his DD Form 214 to add the:

* Air Medal with "V" device
* Army Good Conduct Medal
* Vietnam Service Medal with three bronze service stars
* Aviation Badge
* Expert Marksmanship Qualification Badge with Rifle Bar
* 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 the award of additional Air Medals.  



      _______ _  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)                                         AR20100008859





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