IN THE CASE OF:	  

		BOARD DATE:	    4 January 2011

		DOCKET NUMBER:  AR20100016532 


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 the following awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):

* Air Medal
* Vietnam Service Medal
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Gunner wings (determined to refer to the Aircraft Crewman Badge (now known as the Aviation Badge))

2.  The applicant states, in effect, these awards were omitted from his 
DD Form 214.

3.  The applicant provides a copy of 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 enlisted in the Regular Army on 13 October 1961 for a period 
of 3 years.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty 140 (Field Artillery Basic).

3.  The applicant was attached to the 120th Aviation Company in the Republic of Vietnam from 12 September 1963 to 7 October 1963.

4.  U.S. Army Support Group, Vietnam General Orders Number 250, dated 
21 September 1963, awarded the applicant the Purple Heart for wounds received on 16 September 1963 as a result of hostile action in the Republic of Vietnam.

5.  The applicant was attached to the U.S. Army Utility Tactical Helicopter Company from 24 May 1964 to 3 August 1964 in the Republic of Vietnam.

6.  On 29 September 1964, the applicant was released from active duty.  He had completed 2 years, 11 months, and 17 days that was characterized as under honorable conditions.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s 
DD Form 214 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle bar (M-1), Purple Heart (entered twice), and the Armed Forces Expeditionary Medal (Vietnam).  

7.  Section 9 - Medal, Decorations, and Citations of the applicant's DA Form 24 (Service Record) does not show he was awarded the Air Medal or the Aircraft Crewman Badge.

8.  There are no orders in the applicant's Military Personnel Records Jacket (MPRJ) awarding him the Air Medal or the Aircraft Crewman Badge.

9.  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 awarding the applicant the Air Medal.

10.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  It states individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request, the Vietnam Service Medal may be awarded in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual.  No person will be entitled to both awards for Vietnam service.

11.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 
30 November 1995, and 11 September 2001 and a date to be determined.  

12.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who had served less than 6 months but who were wounded by hostile forces also qualified for the award.

13.  Army Regulation 672-5-1 (Military Awards), then in effect, provided for temporary and permanent award of the Aircraft Crewman Badge, now known as the Basic Aviation Badge.  For permanent award of the Basic Aviation Badge, an individual must be on flying status as a crew member in the case of crew chiefs, Airborne Electronic Sensor System operators and supervisors, and flight engineers or as a non-crew member in the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors, physically qualified, class III, and be qualified for and hold a principal duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector.  In addition an individual must have met any one of the following criteria:

* performed in one of the duties specified above for not less than 12 months (not necessarily consecutive) 
* must have been school trained for a principal duty specified above
* been precluded by incapacitation from further flight duty due to wounds sustained as a result of hostile action or injuries resulting from an aircraft accident for which they are not personally responsible
* participated in at least 15 combat missions under probable exposure to enemy fire while serving in the principal duty of crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector

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 document shows that all units assigned in Vietnam from 
8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.

15.  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.

16.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  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.  The applicant contends item 26 of his DD Form 214 should be corrected to show he was awarded or authorized the:

* Air Medal
* Vietnam Service Medal
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Aircraft Crewman Badge 

2.  There are no orders in the applicant's official military personnel file (OMPF) awarding him the Air Medal.  His Service Record does not show he was awarded the Air Medal.  A review of ADCARS failed to reveal any orders awarding him the Air Medal.  Therefore, there is insufficient evidence available to award him the Air Medal.
3.  While the available evidence is insufficient for awarding the applicant a Air Medal, this in no way affects his 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.

4.  There are no orders in the applicant's OMPF awarding him the Aircraft Crewman Badge.  His Service Record does not show he was awarded the Aircraft Crewman Badge.  There is no evidence showing he performed door gunner duties for 12 months, was school trained, was precluded from further flight duty due to wounds sustained as a result of hostile action, or participated in at least 15 combat mission under probable exposure to enemy fire.  Therefore, there is insufficient evidence available to award him the Aircraft Crewman Badge.

5.  The applicant was authorized the Armed Forces Expeditionary Medal for his service in the Republic of Vietnam.  The regulation states no person will be entitled to both the Vietnam Service Medal and the Armed Forces Expeditionary Medal for Vietnam service.  Therefore, the applicant is not authorized the Vietnam Service Medal.

6.  Upon request, the Vietnam Service Medal may be awarded in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual.  

7.  Based on the applicant's period of service he is authorized the National Defense Service Medal.

8.  Based on his service in the Republic of Vietnam the applicant is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

9.  The applicant served less than 6 months while attached to a unit in the Republic of Vietnam but he was wounded by hostile forces.  Therefore, he is authorized the Republic of Vietnam Campaign Medal with Device (1960).

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 item 26 of his DD Form 214 with an effective date of 29 September 1964 to add the:

* National Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)

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 Air Medal, the Vietnam Service Medal, and the Aircraft Crewman Badge.




      __________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)                                         AR20100016532



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ABCMR Record of Proceedings (cont)                                         AR20100016532



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