IN THE CASE OF:	  

		BOARD DATE:	  31 May 2011

		DOCKET NUMBER:  AR20100026920 


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 Vietnam Combat Medal or the Air Combat Medal [sic] (Air Medal).  He also requests a personal hearing.

2.  The applicant states he served as a crew chief and door gunner on a helicopter gun ship and he flew multiple missions (over 20 missions).  He held military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist).  However, while stationed in Vietnam, he ended up being assigned to go out on missions manning the M-60 machinegun.  He adds that he will appear in person in Washington, DC, if necessary.

3.  The applicant provides:

* DD Form 214
* Copies of newspaper clips
* Various photographs of Soldiers and helicopters

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's records show he was inducted into the Army of the United States on 4 April 1968 and held MOS 11D.  He served in Vietnam from 6 August 1969 to 21 March 1970.  He was assigned as follows:

* from 10 August to 15 September 1969, Troop A, 1st Squadron, 9th Cavalry, 1st Cavalry Division
* from 16 September 1969 to 17 March 1970, Troop B, 1st Squadron, 9th Cavalry, 1st Cavalry Division

3.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 21 March 1970 and he was transferred to the U.S. Army Reserve to complete his remaining service obligation.  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
* Vietnam Campaign Medal
* Bronze Star Medal

4.  Special Orders Number 99, issued by Headquarters, 2nd Combat Support Training Brigade, Fort Knox, KY, on 27 July 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).

5.  Special Orders Number 145, issued by Headquarters, U.S. Army Training Center, Armor, Fort Knox, KY, on 24 May 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  Special Orders Number 119, issued by Headquarters, Fort Riley, KS, on 6 June 1969, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

7.  General Orders Number 2410, issued by Headquarters, 1st Cavalry Division, on 16 February 1970, awarded him the Army Commendation Medal for meritorious achievement in connection with military operations in Vietnam on 30 December 1969.
8.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings during his military service.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.

10.  Department of the Army Pamphlet 672-3 (Unit Citations and Campaign Participation Credit Register) shows the applicant's unit, 1st Squadron, 9th Cavalry was awarded the following unit awards during its service in Vietnam:

* Valorous Unit Award, for service from 1 October to 31 December 1969, based on Department of the Army General Orders Number 32, dated 1973
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 21 February 1970 to 28 February 1971 based on Department of the Army General Orders Number 42, dated 1972

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that during his service in Vietnam campaign participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign:

* Vietnam Summer - Fall 1969; 9 June to 31 October 1969
* Vietnam Winter - Spring 1970, 1 November 1969 to 30 April 1970

12.  Item 41 (Awards and Decorations) of his DA Form 20 does not list award of the Air Medal and his service records do not contain official orders awarding him the Air Medal.

13.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any orders for the Air Medal for him.


14.  He provides copies of newspaper clips that show she was assigned to Bravo Troop, 1st Squadron, 9th Cavalry, in Vietnam and that he was awarded the Air Medal.  He also provides photographs of Soldiers and helicopters in what appears to be in Vietnam. 

15.  Army Regulation 600-8-22 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.

16.  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.  

	a.  Combat missions were divided into three categories.  A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force or delivery of friendly troops or supplies into the immediate combat operations area.  A category II mission was characterized by support rendered a friendly force immediately before, during, or immediately following a combat operation.  A category III mission was characterized by support of friendly forces not connected with an immediate combat operation but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire or under hazardous weather or terrain conditions.

	b.  To be recommended for award of the Air Medal, an individual must have completed a minimum of 25 category I missions, 50 category II missions, or     100 category III missions.  Since various types of missions would have been completed in accumulating flight time toward award of an Air Medal for sustained operations, different computations would have had to be made to combine category I, II, and III flight times and adjust it to a common denominator.

	c.  Appendix IV required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status would be submitted on USARV Form 157-R.  The recommendation for award must also have stated that the individual "met the required number of missions and hours for award of the Air Medal"; that "the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident”; and that the "individual’s accomplishments and service throughout the period have reflected meritorious performance, with no instance of non-professionalism, mediocrity, or failure to display an aggressive spirit."

17.  Army Regulation 15-185 governs the operation of the ABCMR.  The ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  The ABCMR will decide cases on the evidence of record.  It is not an investigative body.  The ABCMR may, in its discretion, hold a hearing.  Applicants do not have a right to a hearing before the ABCMR.  The Director or the ABCMR may grant a formal hearing whenever justice requires.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Army Commendation Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and Expert Marksmanship Qualification Badge with Rifle Bar (M-16) which are not shown on his DD Form 314; therefore, he is entitled to correction of his DD Form 214 to show these badges.

3.  General orders awarded the applicant's unit of assignment in Vietnam the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his records; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  He served honorably from 4 April 1968 through 21 March 1970.  He attained the rank of SGT/E-5, served in Vietnam, and received "excellent" conduct and efficiency ratings throughout his military service.  In the absence of any derogatory information that would have disqualified him it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correction of his DD Form 214 to show this medal.

5.  With respect to the Air Medal, the applicant's sincerity regarding his assigned duties in Vietnam is not in question.  However, there are no general orders available that show he was awarded the Air Medal.  The governing regulation requires a formal recommendation, approval through the chain of command, and announcement in orders for award of the Air Medal.  In the absence of orders or other independent evidence that would confirm he completed the number of missions necessary to be awarded the Air Medal, there is insufficient evidence upon which to base award of the Air Medal in this case.

6.  With respect to the personal hearing, the applicant's request for a personal appearance hearing was carefully considered.  However, by regulation, applicants are not entitled to a hearing before the Board.  Hearings may be authorized by a panel of the Board or by the Director of the ABCMR.  In this case, the evidence of record and independent evidence provided by the applicant is sufficient to render a fair and equitable decision at this time.  As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case.

7.  With respect to the "Vietnam Combat Award," there is no such medal in the DOD Awards Manual or Army Regulation 600-8-22.  The Board cannot take action on this issue because the applicant did not identify exactly what medal he is seeking.  During Vietnam, there were two items – badges, actually – that fit the description of a "Combat Medal."  The first was the Combat Infantryman Badge, which was awarded only to infantry Soldiers who participated in actual combat.  The second was the Combat Medical Badge, which was awarded only to medics who accompanied the infantry into battle.  There also is a new badge – the Combat Action Badge – which is branch and MOS immaterial, but it is brand new and award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity from 4 April 1968 through 21 March 1970
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award) 
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Valorous Unit Award
* Republic of Vietnam 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 the Air Medal and the "Vietnam Combat 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)                                         AR20100026920



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ABCMR Record of Proceedings (cont)                                         AR20100026920



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