IN THE CASE OF:	  

		BOARD DATE:	  24 March 2011

		DOCKET NUMBER:  AR20100022766 

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, in effect, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Aircraft Crew Member Badge (now known as the Aviation Badge), Air Medal, Distinguished Flying Cross, Army Commendation Medal, Army Good Conduct Medal, American Campaign Medal, and Armed Forces Expeditionary Medal.

2.  He states, in effect, these awards should be added to his DD Form 214.

3.  He provides:

* Orders for the Air Medal and Army Commendation Medal
* 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 military records show he enlisted in the Regular Army in pay grade E-1 on 9 January 1967, for 3 years.  He completed training and he was awarded military occupational specialty 71P (Flight Operator).  He served in Vietnam from 10 October 1967 through 6 October 1968, during four campaigns.  He was assigned to the 235th Aviation Company.

3.  On 25 September 1968, he submitted a request for permanent award of the Aircraft Crewman Badge based on his participation in at least 15 combat missions under probable exposure to enemy fire.  On 28 September 1968, the applicant's commander recommended approval of this award and stated the applicant had "excellent" conduct and efficiency ratings.

4.  General Orders Number 6882 issued by the 1st Aviation Brigade on 5 October 1968 awarded him the Air Medal for meritorious achievement in Vietnam from 25 November 1967 to 20 July 1968.

5.  General Orders Number 7235 issued by the 1st Aviation Brigade on 24 October 1968 awarded him the Army Commendation Medal for meritorious service in Vietnam from October 1967 to October 1968.

6.  He was promoted to the rank and pay grade of sergeant, E-5, on 10 June 1968.

7.  He accepted punishment under Article 15, Uniform Code of Military Justice for the following:

* Making a false statement, with intent to deceive, to the Provost Marshal on 17 April 1969
* Operating a vehicle in a reckless manner on 16 June 1969
* Absenting himself from his unit from 2 to 9 July 1969
* Absenting himself from his unit from 29 August to 3 September 1969

8.  He was honorably released from active duty in pay grade E-4 on 20 January 1970, at the expiration of his term of service, and transferred to the U.S. Army Reserve Control Group.  He was credited with completing 3 years of net active service and he had 12 days of lost time.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* One Overseas Service Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

10.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings from January 1967 through October 1968 and "fair" conduct and efficiency ratings from November 1968 through January 1970.

11.  There are no orders in his military records showing he was permanently awarded the Aircraft Crewman Badge (Aviation Badge), Distinguished Flying Cross, or Army Good Conduct Medal.

12.  Army Regulation 600-8-22 (Military Awards) authorizes permanent award of the Basic Aviation Badge to an individual who has participated in at least 15 combat missions under probable exposure to enemy fire while performing in-flight duties.  

13.  Army Regulation 600-8-22 states the Distinguished Flying Cross is awarded to any person who, while serving in any capacity with the Army, distinguishes himself or herself by heroism or extraordinary achievement while participating in aerial flight.  The performance of the act of heroism must be evidenced by voluntary action above and beyond the call of duty.  The extraordinary achievement must have resulted in an accomplishment so exceptional and outstanding as to clearly set the individual apart from his or her comrades or from other persons in similar circumstances.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14.  Army Regulation 600-8-22 states the American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  

15.  Army Regulation 600-8-22 states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Service members who earned the Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 and 3 July 1965 may elect to receive the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal.  However, no service member may be issued both medals for service in Vietnam.  

16.  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.  

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, 235th Aviation Company, was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 22 February 1967 - 17 May 1968, Department of the Army General Orders Number 21, dated 1969.

18.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than
3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was awarded the Air Medal for meritorious achievement and the Army Commendation Medal for meritorious service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  He participated in four campaigns during his Vietnam service.  Therefore, he is entitled to award of four bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214.

3.  General orders also awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  Pertinent regulations show that formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Distinguished Flying Cross.  Available service records give no indication that the applicant was recommended for this award.  Therefore, there is insufficient evidence to add this award to his records.

5.  The available evidence shows the applicant was recommended by his commander for award of the Aviation Badge based upon the applicant's participation in at least 15 combat missions.  That is an eligibility criterion for award of the Aviation Badge.  However, it appears the recommendation was not acted upon by his chain of command.  It appears to be appropriate to approve award of that badge at this time.

6.  The evidence does not show he completed a qualifying period of service for award of the American Campaign Medal.  Therefore, he is not entitled to this award and its addition to his DD Form 214.

7.  Item 24 of his DD Form 214 lists the Vietnam Service Medal awarded for his period of service in Vietnam.  In accordance with pertinent regulation, service members who earned the Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 and 3 July 1965 may elect to receive the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal.  There is no evidence to show he was awarded or was eligible for award of the Armed Forces Expeditionary Medal.  Therefore, he is not entitled to award of the Army Forces Expeditionary Medal and its addition to his DD Form 214.

8.  The evidence of record also shows he received "fair" conduct and efficiency ratings during his service from November 1968 through January 1970, several punishments under Article 15, and reduction in rank.  Notwithstanding his service in Vietnam it appears his overall record was a basis for disqualifying him for award of the Army Good Conduct Medal.  Therefore, his DD Form 214 should not be corrected to show this medal.

9.  In view of the foregoing, his records should be corrected as recommended below.

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:

	a.  deleting from Item 24 of the applicant's DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Aviation Badge;

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

* Air Medal
* Aviation Badge
* Army Commendation Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

   d.  providing him a document to show the above corrections.  

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 Distinguished Flying Cross, Army Good Conduct Medal, American Campaign Medal, and Armed Forces Expeditionary 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)                                         AR20100022766



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100022766



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1