IN THE CASE OF:	  

		BOARD DATE:	    15 March 2011

		DOCKET NUMBER:  AR20100019436 


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.

2.  He states that although he was awarded the Air Medal during his service in the Republic of Vietnam it is not reflected on his DD Form 214.

3.  He provides a certificate and citation showing he was awarded the Air Medal.

CONSIDERATION OF EVIDENCE:

1.  Title 10, United States 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 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 August 1968.  Upon completion of initial entry training he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) and item 30 (Remarks) of his DD Form 214 show he served in the Republic of Vietnam from 13 January 1969 through 12 January 1970.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows that during his tour of duty in the Republic of Vietnam, he served in MOS 11B as a Rifleman and Automatic Rifleman with Company B, 1st Battalion, 8th Infantry Regiment, 4th Infantry Division from 26 January 1969 through 10 January 1970.

5.  Item 38 also shows he received "excellent" conduct and efficiency ratings for each of his duty assignments.  There is also no record of any convictions by a court-martial or a commander's disqualification from receiving the Army Good Conduct Medal.

6.  Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Air Medal.

7.  His DD Form 214 shows he was honorably released from active duty and transferred to U.S. Army Reserve Control Group (Annual Training) on 5 August 1970 following the completion of 2 years of creditable active duty service.  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 with 2 bronze service stars
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar and Machine Gun Bar [M-60]

8.  There are no indications in the applicant's service personnel records which show that he was awarded or recommended for award of the Air Medal.

9.  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 the Air Medal pertaining to the applicant.

10.  He provides a citation and a certificate showing he was awarded the Air Medal for meritorious achievement while participating in sustained aerial flight in support of combat ground forces in the Republic of Vietnam during the period 27 January 1969 to 5 December 1969.

11.  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.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had 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.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.

13.  Army Regulation 600-8-22, paragraph 2-13, 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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* TET 69 Counteroffensive (23 February 1969 - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet shows the unit to which the applicant was assigned was cited for award of:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 29 July 1969 through 10 April 1970, by Department of the Army General Orders (DAGO) Number 52, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his military records should be corrected to show award of the Air Medal was carefully considered and determined to have merit.

2.  Although his record is void of the orders awarding him the Air Medal, he furnished both a citation and a certificate showing he was awarded the Air Medal for meritorious achievement while participating in sustained aerial flight in support of combat ground forces in the Republic of Vietnam during the period 27 January 1969 to 5 December 1969.  Therefore, there is sufficient evidence upon which to base correction of his DD Form 214 to show award of the Air Medal.

3.  Evidence shows he received “excellent” conduct and efficiency ratings through his service.  There is also no record of any convictions by a court-martial or a commander's disqualification from receiving the Army Good Conduct Medal for the period of 6 August 1968 through 5 August 1970.  Therefore, he is entitled to the first award of the Army Good Conduct Medal and correction of his DD Form 214 to show this award.

4.  Records show he participated in four campaign phases while serving in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  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 for actions during his tenure.  Therefore, he is entitled to have his DD Form 214 corrected to show both of these unit awards.  

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 Vietnam Service Medal with 2 bronze service stars;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 6 August 1968 through 5 August 1970; and

	c.  adding to item 24 of his DD Form 214 the:

* Air Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20100019436





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ABCMR Record of Proceedings (cont)                                         AR20100019436



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