IN THE CASE OF:	  

		BOARD DATE:	  23 November 2010

		DOCKET NUMBER:  AR20100014954 


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 his pay grade of E-5, the Air Medal, and all awards, decorations, medals, and unit citations he earned. 

2.  The applicant states his DD Form 214 contains clerical errors. 

3.  The applicant provides his DD Form 214.

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 records show he enlisted in the Regular Army for 2 years on 6 March 1967 and held military occupational specialty 67N (UH-1 Helicopter Repairman).  He served in the Republic of Vietnam from on or about 27 March 1968 to on or about 20 February 1969.  He was assigned to Company B, 709th Maintenance Battalion, 9th Infantry Division. 

3.  On 20 August 1968, Headquarters, 9th Infantry Division, published Special Orders Number 233, promoting him to specialist four/E-4, and on 31 January 1969, the same headquarters published Special Orders Number 31 promoting him to specialist five (SP5)/E-5 effective 1 January 1969. 

4.  He was honorably released from active duty on 21 February 1969 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.

5.  Item 5a (Grade, rate or Rank) of his DD Form 214 shows the entry "SP5 (T) (Temporary)," item 5b (Pay Grade) shows "E-5," and item 6 (Date of Rank) shows the entry 1 January 1969.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal.

7.  His DA Form 20 (Enlisted Qualification Record) shows the following entries:

	a.  Item 33 (Appointments and Reductions) shows the highest rank/grade he attained was that of a SP5/E-5 (T), effective 1 January 1969.

	b.  Item 38 (Record of Assignment) shows he received "excellent" conduct and efficiency ratings throughout his military service. 

	c.  Item 41 (Awards and Decorations) does not show he was awarded the Air Medal.

8.  There are no orders in his records that show he was awarded the Air Medal.  Additionally, no flight record is available in his file. 

9.  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 United States Army Human Resources Command, failed to reveal any orders for the Air Medal.

10.  Headquarters, Fort Polk, LA, Special Orders Number 095, dated 13 April 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 
11.  Headquarters, U.S. Army Aviation School, Fort Rucker, AL, Special Orders Number 46, dated 20 February 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

12.  Department of the Army General Orders (DAGO) Number 59, dated 1970, awarded the 709th Maintenance Battalion the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 January to 30 June 1969.

13.  DAGO Number 59, dated 1970, awarded the 709th Maintenance Battalion the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 19 December 1966 to 28 June 1969.

14.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows he participated in the TET Counteroffensive (30 January to 1 April 1968), Vietnam Counteroffensive, Phase IV (2 April to 30 June 1968), Vietnam Counteroffensive, Phase V (1 July to 1 November 1968), and the Vietnam Counteroffensive, Phase VI (2 November 1968 to 22 February 1969) 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.

15.  A review of the applicant's service record reveals no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  

16.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial. 

17.  Army Regulation 600-8-22 (Military Awards) states 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.


18.  U.S. Army Vietnam Regulation 672-1 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.

19.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.  

20.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.

2.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his Vietnam Service Medal.

4.  The evidence of record confirms he served honorably during the period 6 March 1967 through 21 February 1969.  He completed a combat tour in Vietnam, received "excellent" conduct and efficiency ratings throughout his military service, and attained the rank/grade of SP5/E-5.  His record does not contain any other derogatory information that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show it.

5.  With respect to his pay grade, the evidence of record shows he was promoted to SP5/E-5 on 1 January 1969.  This rank/grade is already correctly shown on his 
DD Form 214.  

6.  With respect to the Air Medal, there are no general orders available that show the applicant was awarded the Air Medal.  The governing regulation requires a formal recommendation, approval through the chain of command, and announcement in orders for award of the Air Medal.  In the absence of orders or other independent evidence that would confirm he completed the number of missions necessary to be awarded the Air Medal, there is insufficient evidence upon which to base award of the Air Medal in this case.

7.  Nevertheless, while the available evidence is insufficient for awarding the applicant the Air Medal, this in no way affects the applicant’s right to pursue his claim for the Air Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

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 the Department of the Army records of the individual concerned be corrected by:

* Awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 6 March 1967 through 21 February 1969
* Adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar   (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Four bronze service stars to be affixed to his already-awarded Vietnam Service Medal 

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 award of the Air Medal.



      _______ _   ___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)                                         AR20100014954



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100014954



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1