BOARD DATE:	  9 December 2010

		DOCKET NUMBER:  AR20100015942 


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 the following:  

* Additional awards of the Air Medal
* Distinguished Flying Cross
* Army Good Conduct Medal
* Republic of Vietnam (RVN) Gallantry Cross with Bronze Star
* Secondary military occupational specialty (MOS) of 11D2F (Armor Reconnaissance Specialist)

2.  He states these items were not put on his DD Form 214 when he was discharged.  He received some of the awards by mail after his discharge.  

3.  He provides the following documents in support of his application:

* DA Form 759 (Individual Flight Record and Flight Certificate – Army (Part I))
* DA Form 759-1 (Individual Flight Record and Flight Certificate – Army (Part lI))
* Memorandum requesting change in flight status position
* General Orders for award of the Distinguished Flying Cross
* Personal photographs of him receiving awards
* General Orders for second award of the Air Medal with “V” Device
* General Orders for fourth award of the Air Medal with “V” Device
* General Orders for the first award of the Army Good Conduct Medal
* Orders awarding him secondary MOS 11D2F
* Newspaper Article
* Letter authorizing him to accept and wear the RVN Gallantry Cross with Bronze Star

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 enlisted in the Regular Army on 4 November 1968.  He served in the RVN from 20 November 1969 through 9 June 1971.  During his tour of duty in the RVN he was assigned to:

* Headquarters and Headquarters Company, 17th Aviation Group (Combat) from 26 November to 5 January 1970
* Troop B, 7th Armored Squadron, 17th Cavalry from 8 January 1970 to 3 June 1971

3.  Item 22 (MOS) on his DA Form 20 (Enlisted Qualification Record) shows he was awarded primary MOS 45M2O (Aircraft Armament Repairman), effective 1 January 1970.  

4.  His service record contains orders showing he was awarded the following awards of the Air Medal:

	a.  Basic Air Medal for the period 14 February 1970 to 4 June 1970 by Headquarters, 1st Aviation Brigade, General Orders Number 5786, dated 3 July 1970;

	b.  Second award of the Air Medal with “V” Device for service on 16 February 1971 by Headquarters, 1st Aviation Brigade, General Orders Number 2837, dated 3 April 1971;

	c.  Third award of the Air Medal with “V” Device for service on 11 December 1970 by Headquarters, 1st Aviation Brigade, General Orders Number 4476, dated 5 June 1971; and 

	d.  Fourth award of the Air Medal with “V” Device for service on 2 March 1971 by Headquarters, 1st Aviation Brigade, General Orders Number 6663, dated 5 October 1971.

5.  His DA Form 759 and DA Form 759-1 show he completed a total of 574 flight hours of combat time as a crewmember from July 1970 through May 1971.

6.  He was awarded secondary MOS 11D2F effective 12 January 1971 by Headquarters, 7th Squadron, 17 Cavalry, Special Orders Number 27, dated 29 January 1971.

7.  Headquarters, 1st Aviation Brigade, General Orders Number 2915, dated 6 April 1971, show he was awarded the Distinguished Flying Cross for service on 17 February 1971.  

8.  Headquarters, 52nd Aviation Battalion, General Orders Number 34, dated 21 April 1971, show he was awarded the Army Good Conduct Medal (First Award) for the period 4 November 1968 through 25 June 1971.  

9.  He departed the RVN on 9 June 1971 after participating in the Vietnam Winter-Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII campaigns.

10.  He was released from active duty on 9 June 1971.  His DD Form 214 shows the following awards:  National Defense Service Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), RVN Campaign Medal, Vietnam Service Medal, Aircraft Crewmember Badge, Air Medal and Two Overseas Service Bars.

11.  Item 23a (Specialty Number and Title) on his DD Form 214 shows his Specialty Number as 45M2O and title as Aircraft Armament Repairman.

12.  A letter, dated 10 June 1971, shows the applicant was authorized to accept and wear the RVN Gallantry Cross with Bronze Star as a personal decoration.  

13.  Department of the Army General Orders 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, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

14.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  It stated 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.  

15.  Army Regulation 600-8-22 (Military Awards) provides that 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.  

16.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  

17.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) stated the Republic of Vietnam Gallantry Cross as a personal decoration was awarded to personnel who conducted themselves with heroic action and displayed deeds of valor while fighting the enemy.  The more gallant and noteworthy the act, the higher the level of the award.  This decoration was awarded in four degrees: with Palm, with Gold Star, with Silver Star, and with Bronze Star.  Approval to accept and to wear a personal award of the Republic of Vietnam Gallantry Cross required approval by the Commanding General of United States Army, Vietnam.  As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration.     

18.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The version in effect at the time directed the primary MOS code number and title would be entered in item 23a of the DD Form 214.  The regulation did not provide guidance to record the secondary MOS on the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214 currently reflects award of the basic Air Medal.  

2.  General Orders show he was awarded the second through the fourth award of the Air Medal with "V" Device for heroism on 6 February 1971, 11 December 1970, and 2 March 1971.

3.  His flight records show he flew a total of 574 combat flight hours in the RVN during the period July 1970 through May 1971.  Calculations show he is eligible for 22 awards of the Air Medal based on 574 combat flight hours plus one basic Air Medal and three awards of Air Medal with “V” Device.  Therefore, his DD Form 214 should be amended to reflect the Air Medal with Numeral "26" and "V" Device.  

4.  Orders show he was awarded the Distinguished Flying Cross and the first award of the Army Good Conduct Medal.  Therefore, these awards should be added to his DD Form 214.  

5.  The 10 June 1971 letter shows he was authorized to accept and to wear the RVN Gallantry Cross with Bronze Star.  Therefore, this personal decoration should be added to his DD Form 214.

6.  The RVN Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  The applicant completed a qualifying period of service in Vietnam and he is eligible for this award.  Therefore, his DD Form 214 should be amended to show this unit award.

7.  His DD Form 214 currently reflects the Vietnam Service Medal.  However, he participated in three campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect three bronze service stars for wear on his already-awarded Vietnam Service Medal.

8.  His DA Form 20 shows he was awarded primary MOS 45M2O effective 1 January 1970 and this specialty number is properly recorded in item 23a on his DD Form 214.  Orders show he was awarded secondary MOS 11D2F effective 12 January 1971.  Army Regulation 635-5 in effect at that time in question did not require the numbers and titles of secondary MOSs to be recorded on the DD Form 214.  Therefore secondary MOS 11D2F is not authorized to be shown on 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 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 amending his DD Form 214 as follows:

	a.  deleting the basic Air Medal and adding the Air Medal with Numeral “26” and the “V” Device;

	b.  deleting the Vietnam Service Medal and adding the Vietnam Service Medal with three bronze service stars; and 

	c.  adding the Distinguished Flying Cross, Army Good Conduct Medal (First Award), RVN Gallantry Cross with Bronze Star, and the RVN 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 adding secondary MOS 11D2F to his DD Form 214.    



      _______ _  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)                                         AR20100015942



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ABCMR Record of Proceedings (cont)                                         AR20100015942



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