IN THE CASE OF:	  

		BOARD DATE:	  17 May 2011

		DOCKET NUMBER:  AR20100027091 


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 Purple Heart, Air Medal, and Army Commendation Medal. 

2.  The applicant states the entries were overlooked and not added to his DD Form 214.

3.  The applicant provides his DD Form 214, General Orders Number 3888, Army Commendation Medal certificate, and Air Medal certificate.

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 military records show he was inducted into the Army of the United States on 13 September 1966.  He completed initial entry training, was awarded the military occupational specialty of medical corpsman, and was promoted to pay grade E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows he performed duties as a medical aidman while assigned to Headquarters and Headquarters Company, 5th Battalion, 7th Cavalry, 1st Cavalry Division while in the Republic of Vietnam (RVN) during the period 27 October 1967 to 3 September 1968.

4.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 3888, dated 26 May 1968, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force on 4 May 1968.

5.  Headquarters, 1st Air Cavalry Division, General Orders Number 10509, dated 14 August 1968, awarded him the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in the RVN during the period September 1967 to September 1968.

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 6 September 1968 after completing 1 year, 11 months, and 24 days of creditable active service.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal, and one overseas service bar.

9.  The applicant's records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority.  The applicant's DA Form 20 shows all "excellent" conduct and efficiency ratings.  There are no adverse actions recorded in the available records and no disqualification by his chain of command.

10.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Air Medal.

11.  His available records contain no flight logs or other documents showing how many or what categories of missions he flew.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During the applicant's tour of duty in Vietnam he participated in the Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968), Tet Counteroffensive (30 January - 1 April 1968), Vietnam Counteroffensive Phase IV (2 April - 30 June 1968), and Vietnam Counteroffensive Phase V (1 July - 1 November 1968) campaigns.

13.  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.  

14.  Department of the Army Pamphlet 672-3 ( Unit Citation and Campaign Participation Credit Register) shows the unit he was assigned to while serving in the RVN was awarded the Valorous Unit Award based on Department of the Army General Orders (DAGO) Number 39, dated 1970 and the RVN Gallantry Cross with Palm Unit Citation based on DAGO Number 59, dated 1969.

15.  Army Regulation 600-8-22 provides that 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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders is required.

16.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  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.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Purple Heart and Army Commendation Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  He completed a period of qualifying service ending with the termination of a period of Federal military service.  He had "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no record of any disciplinary action taken against him or disqualification by his chain of command.  Therefore, it would be appropriate to award him the Army Good Conduct Medal for the period 13 September 1966 through 6 September 1968 and add this award to his DD Form 214.

3.  He was awarded the Vietnam Service Medal and he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show his already-awarded Vietnam Service Medal with four bronze service stars.

4.  His unit was awarded the Valorous Unit Award and the RVN Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit; therefore, these unit awards should be added to his DD Form 214.

5.  There is no evidence of award of the Air Medal other than the certificate submitted by the applicant.  Army regulations state that award certificates alone will not be used as a basis for entering a decoration on the applicant’s DD Form 214.  Therefore, there is insufficient evidence to show award of the Air Medal.  

6.  In view of the foregoing, his records should be corrected as shown 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.  awarding him the Army Good Conduct Medal for the period 13 September 1966 through 6 September 1968; 
   
   b.  deleting the Vietnam Service Medal from his DD Form 214; and
   
   c.  adding to item 24 of his DD Form 214 the Purple Heart, Army Commendation Medal, Army Good Conduct Medal, Vietnam Service Medal with four bronze service stars, Valorous Unit Award, and RVN 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 adding the Air Medal to his DD Form 214.  



      _______ _   _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)                                         AR20100027091



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ABCMR Record of Proceedings (cont)                                         AR20100027091



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