IN THE CASE OF:	  

		BOARD DATE:	  26 April 2011

		DOCKET NUMBER:  AR20100023360 


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 Soldier's Medal and unspecified awards of the Air Medal.

2.  He states:

	a.  his company commander presented him with the Soldier's Medal during a company formation in 1971 at Fort Meade, MD, but it wasn't reflected on his DD Form 214 at the time of his discharge;

	b.  his DD Form 214 doesn't reflect any Air Medals for the air time he spent crewing and gunning on an OH-6A helicopter in Vietnam and he has over 100 flight hours logged during his service in Vietnam;

	c.  he was wounded by an explosion in Vietnam and was treated at Walter Reed Army Medical Center for those wounds; and

	d.  he believes his medals were not properly recorded in his records because he was constantly reassigned between the hospital and his company at Fort Meade.

3.  He 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 30 December 1968.  The highest rank/grade he attained was specialist five (SP5)/E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service) – he served in Vietnam from 3 July to 21 December 1969
* item 38 (Record of Assignments) – he was assigned to Troop C, 7th Armored Squadron, 17th Air Cavalry Regiment, in Vietnam from 11 July to 21 December 1969 
* item 38 – he received "excellent" conduct and efficiency ratings throughout his service
* item 41 (Awards and Decorations) – no entry for the Soldier's Medal or any awards of the Air Medal

4.  General Orders Number 675, dated 4 February 1970, show he was awarded the Soldier's Medal for action on 15 December 1969.

5.  His service record does not contain any flight records or orders for award of the Air Medal.

6.  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 award of the Air Medal pertaining to the applicant.

7.  He was honorably released from active duty on 12 October 1971 in the rank/grade of SP5/E-5.  He completed 2 years, 9 months, and 13 days of active military service with no lost time.  His record does not contain any derogatory information or a record of a commander's disqualification for the first award of the Army Good Conduct Medal.

8.  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
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

9.  References:

	a.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

	b.  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.

	c.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal and states 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, participation credit was awarded for the Vietnam Summer-Fall 1969 and Vietnam Winter-Spring 1970 campaigns.

	d.  Army Regulation 672-5-1 (Decorations and 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; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.

	e.   Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for the timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

	f.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The applicant's unit must be clearly identified along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Soldier's Medal; therefore, this decoration should be added to his DD Form 214.

2.  His service record does not contain any flight records or orders for awards of the Air Medal.  Therefore, there is insufficient evidence on which to correct his DD Form 214 to show any awards of the Air Medal.

3.  While the available evidence is insufficient for awarding him the Air Medal(s), this in no way affects his right to pursue his claim for awards of the Air Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

4.  The evidence of record shows he received "excellent" conduct and efficiency ratings throughout his service.  He was honorably released from active duty and attained the rank/grade of SP5/E-5.  There is no evidence of any derogatory information or a commander's disqualification for the Army Good Conduct Medal.  Therefore, he should be awarded the first award of the Army Good Conduct Medal for the period 30 December 1968 through 12 October 1971 and his DD Form 214 should be corrected to show this award.

5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that  served in Vietnam.  He was assigned to a unit that served in Vietnam.  Therefore, his DD Form 214 should be amended to show this award.

6.  His DD Form 214 currently reflects the Vietnam Service Medal.  Additionally, he received credit for participation in two campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect the Vietnam Service Medal with two bronze service stars.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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.  awarding him the Army Good Conduct Medal (1st Award) for the period 30 December 1968 through 12 October 1971;

	b.  deleting the Vietnam Service Medal from item 24 of his DD Form 214; and

	c.  adding the Soldier's Medal, Army Good Conduct Medal, Vietnam Service Medal with two bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 24 of his DD Form 214.

2.  The Board further determined 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 awards of the Air 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)                                         AR20100023360



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ABCMR Record of Proceedings (cont)                                         AR20100023360



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