IN THE CASE OF:	  

		BOARD DATE:	  6 January 2011

		DOCKET NUMBER:  AR20100014992 


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 award of the Air Medal (AM) and all other awards he may be entitled to receive.

2.  He states he flew in air support missions in the Republic of Vietnam from 
12 November 1969 to 6 June 1970 and logged in over fifty hours of flight time.  He maintains he was recommended for the award on 12 June 1970, but the recommendation was not followed up on due to his separation.

3.  He provides the following:

* DD Form 214
* Recommendation for the AM
* Numerous documents containing flight hours
* USARV Forms 131 (Awards and Decoration 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 was inducted into the Army of the United States on 6 December 1968.  He completed the required training and he was awarded Military Occupational Specialty 81B (Technical Drafting Specialist).  He was honorably released from active duty on 18 September 1970. 

3.  His DA Form 20 shows he served in the Republic of Vietnam from 
23 September 1969 to 18 September 1970.  Item 38 (Record of Assignments) shows he was assigned to Headquarters and Headquarters Company, 34th General Support Group (GSG).  Item 41 (Awards and Decorations) shows he was awarded the Basic AM by Headquarters, 34th GSG and the Army Commendation Medal (1st Oak Leaf Cluster) (1OLC) by General Order Number 53, Headquarters, 34th GSG.  The entry "No" is listed under the issued block in both the AM and the ARCOM (1OLC) lines indicating that the medal was not issued.  

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal with Device (1960), Army Commendation Medal, and the Army Good Conduct Medal.

5.  His military service records do not contain any general orders awarding him the AM or the ARCOM (1OLC). 

6.  The Awards and Decorations Computer Assisted Retrieval System (ADCARS), a web based index containing U.S. Army general orders issued between 1965 and 1973 for the Vietnam era, does not contain orders awarding him the AM or the ARCOM (1OLC). 

7.  He provided a partially illegible document that appears to show he was recommended and approved for the "Basic" AM for the period November 1969 to June 1970.  He also provided numerous documents that appear to show flight 

hours of several officers and warrant officers.  Additionally, his USARV Forms 131 show the date, hour, and missions performed.  Although several of the entries on these forms are illegible, it clearly shows the applicant accumulated over 50 hours of flight time.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the AM 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.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists unit awards received by units serving in Vietnam.  This document shows while the applicant was assigned to Headquarters and Headquarters Company, 34th GSG the unit was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders (DAGO) Number 51, dated 1971.  The same pamphlet provides for the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units that served in Vietnam between 20 July 1965 and 28 March 1973 which were subordinate to Headquarters, United States Army Vietnam by DAGO Number 8, dated 1974.

10.  Army Regulation 600-8-22 contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  It shows he participated in four campaigns during his tour in Vietnam: 

* 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
* Vietnamese Counteroffensive Phase VII, 1 July 1970 - 30 June 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant's military personnel record and the web-based ADCARS do not contain orders awarding him the AM.  However, his DA Form 20 indicates he was 

awarded this award.  Additionally, USARV Forms 131 and the recommendation for the award of the AM substantiate his entitlement to this award.  Therefore, in the interest of equity and justice, it would be appropriate to show he was awarded the AM and to have this award added to his DD Form 214.

2.  The applicant's DA Form 20 shows he was awarded the ARCOM (1OLC) by General Order Number 53.  Therefore, he is entitled to have this award added to his DD Form 214.

3.  Evidence of record shows he is entitled to wear the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  Evidence also shows he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show four bronze service stars for wear on his already-awarded Vietnam Service Medal.

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 ARCOM and the Vietnam Service Medal; and

   b.  adding to item 24 of his DD Form 214 the AM, ARCOM (1OLC), Vietnam Service Medal with four bronze service stars, the Meritorious Unit 

Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.




      _______ _   _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)                                         AR20100014992





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ABCMR Record of Proceedings (cont)                                         AR20100014992



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