IN THE CASE OF:	  

		BOARD DATE:	  30 September 2010

		DOCKET NUMBER:  AR20100010272 


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 that 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 or is authorized the:

* Air Medal with oak leaf clusters
* Distinguished Unit Citation [now known as the Presidential Unit Citation (Army)]
* Vietnam Unit Citation [specific award not indicated]
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* marksmanship qualification badges for the M-60 machine gun and M-69 grenade launcher

2.  The applicant states he believes the citations and records were missed because he was medically evacuated during his tour of duty in the Republic of Vietnam to the Fort Gordon Army Hospital, GA.  He states he earned an Expert Marksmanship Qualification Badge for the M-14 rifle while at Fort Campbell, KY, from February 1968 through March 1969.  He earned the remaining awards while assigned to the 121st Aviation Company in the Republic of Vietnam.

3.  The applicant provides no additional evidence 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 military personnel records show he enlisted in the Regular Army on 25 April 1966 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty 67N (UH-1 Helicopter Repairman).

3.  The applicant was assigned to the 121st Aviation Company in the Republic of Vietnam from 17 August 1967 to 2 December 1967.

4.  On 24 March 1969, the applicant was released from active duty.  He completed 2 years and 11 months of active service that was characterized as honorable.  Item 24 of his DD Form 214 shows he was awarded or is authorized the National Defense Service Medal, the Vietnam Service Medal, the Air Medal, the Aircraft Crewman Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Republic of Vietnam Campaign Medal with Device (1960).

5.  There are no orders in the applicant's military personnel records jacket (MPRJ) awarding him any additional awards of the Air Medal.  His MPRJ does not contain any flight records showing the number and type of missions he participated in.

6.  There are no orders in the applicant's MPRJ awarding him an Expert Marksmanship Qualification Badge for the M-14 rifle.  There are no orders in his MPRJ awarding him marksmanship qualification badges for the M-60 machine gun or the M-69 grenade launcher.

7.  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.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 any orders for additional awards of the Air Medal for the applicant.

9.  Based on the applicant's dates of service in Vietnam, table B-1 of Army Regulation 600-8-22 (Military Awards) shows he participated in the Vietnam Counteroffensive Phase III Campaign from 1 June 1967-29 January 1968.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet does not show the 121st Aviation Company was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  It does show the 121st Aviation Company was awarded the:

* Presidential Unit Citation for the period 27-28 August 1965
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 27 March 1967-17 May 1968

11.  References:

	a.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided 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.  U.S. Army Vietnam Regulation 672-1 further provided 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 U.S. Army Vietnam 

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 the 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.  This 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.

	f.  Army Regulation 672-5-1, then in effect, stated that an oak leaf cluster was issued to denote award of a second and succeeding awards of decorations and unit awards.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that item 24 of his DD Form 214 should be corrected to show he was awarded or is authorized the:

* Air Medal with oak leaf clusters
* Distinguished Unit Citation [now known as the Presidential Unit Citation (Army)]
* Vietnam Unit Citation [specific award not indicated]
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* marksmanship qualification badges for the M-60 machine gun and M-69 grenade launcher

2.  There are no orders in the applicant's MPRJ for additional awards of the Air Medal and there are no flight records available to substantiate additional awards. 
For all personal decorations, Army regulations require approval through the chain of command and announcement in orders.  Therefore, due to the absence of orders or substantive evidence showing he is eligible for additional awards of the Air Medal, there is insufficient evidence to add oak leaf clusters to his Air Medal shown on his DD Form 214.

3.  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 25 April 1966 to 24 March 1969 ending with the termination of a period of Federal military service.

4.  Department of the Army Pamphlet 672-3 shows the 121st Aviation Company was awarded the Presidential Unit Citation for the period 27-28 August 1965.  This was well before the applicant was assigned to the unit.  In addition, the pamphlet does not show this unit as having been awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, the applicant is not authorized these awards.

5.  Department of the Army Pamphlet 672-3 shows the 121st Aviation Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 27 March 1967-17 May 1968.  Therefore, the applicant is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  An award entitled the "Vietnam Unit Citation" is not listed in Army Regulation 
6-8-22 and the applicant was not specific as to which citation he was referring.  Therefore, this citation cannot be included on his DD Form 214.

7.  There are no orders in the applicant's MPRJ awarding him the Expert Marksmanship Qualification Badge for the M-14 rifle or marksmanship qualification badges for the M-60 machine gun or the M-69 grenade launcher.  Due to the absence of orders, these badges should not be added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 first award of the Army Good Conduct Medal for the period 25 April 1966 to 24 March 1969 and

	b.  amending item 24 of his DD Form 214 to add the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined 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 oak leaf clusters for his Air Medal, the Presidential Unit Citation, the Vietnam Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Expert Marksmanship 

Qualification Badge with Rifle Bar (M-14), and marksmanship qualification badges for the M-60 machine gun and the M-69 grenade launcher.



      ____________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)                                         AR20100010272



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ABCMR Record of Proceedings (cont)                                         AR20100010272



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