IN THE CASE OF:	  

		BOARD DATE:	  9 June 2011

		DOCKET NUMBER:  AR20100028031 


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 (Report of Transfer or Discharge) to show award of the Silver Star, numerous awards of the Air Medal, Distinguished Flying Cross (DFC) with First Oak Leaf Cluster, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

2.  The applicant states his orders were lost due to a storm at Headquarters,
23rd Infantry in 1971 but the Department of Defense should have copies of the general orders.  He needs his DD Form 214 corrected to support his Department of Veterans Affairs (VA) claim for post traumatic distress disorder (PTSD).

3.  The applicant provides 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.  His military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, this case is being considered using reconstructed records which primarily consists of the records provided by the applicant.

3.  His DD Form 214 shows he was ordered to active duty on 6 July 1969 from the U.S. Army Reserve (USAR).  He served as a rotary wing aviator in Vietnam from 7 September 1970 through 6 September 1971.  On 7 March 1972, he was released from active duty in the rank of captain and he was transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation.

4.  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
* Army Commendation Medal
* Air Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Aviator Badge
* two overseas service bars

5.  General Orders Number 15564, issued by Headquarters, 23d Infantry Division, dated 1 December 1970, awarded the applicant the basic award of the Air Medal for the period 10 September 1970 through 23 September 1970.  This order shows the applicant was assigned to the 176th Aviation Company, 14th Combat Aviation Battalion during the period of this award.

6.  There are no orders for the Silver Star, subsequent awards of the Air Medal, the DFC, or DFC with First Oak Leaf Cluster in the available records.

7.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Silver Star, subsequent awards of the Air Medal, or the DFC or DFC with First Oak Leaf Cluster pertaining to the applicant.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 176th Aviation Company, the unit to which the applicant was assigned, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February through 31 March 1971 by Department of the Army General Order (DAGO) Number 42, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 April through 30 June 1971 by DAGO Number 6, dated 1974

9.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

10.  Army Regulation 600-8-22 (Military Awards) states the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal.  It established that 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.

12.  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.

13.  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 time and adjust it to a common denominator.

14.  Army Regulation 600-8-22 states the DFC 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.

15.  Army Regulation 600-8-22 states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the DFC.

16.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It 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, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)

DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the Silver Star, DFC or DFC with First Oak Leaf Cluster in the available records.  Therefore, regrettably, there is insufficient evidence in which to add these awards to his DD Form 214.

2.  His DD Form 214 shows the Air Medal as an authorized award.  However, there are no orders for any subsequent awards of the Air Medal in the available record.  Therefore, there is insufficient evidence in which to add any additional awards of the Air Medal to his DD Form 214. 

3.  The applicant's unit in Vietnam was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service.  Although he is only entitled to wear one of these awards, he is entitled to correction of his DD Form 214 to show both awards.  Therefore, his DD Form 214 should be corrected accordingly.

4.  The applicant participated in two campaign phases during his service in Vietnam.  Therefore, he is entitled to two 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.

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 his DD Form 214 the Vietnam Service Medal, and

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

* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)

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 Silver Star,


any additional awards of the Air Medal, and the DFC or DFC with First Oak Leaf Cluster 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)                                         AR20100028031



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ABCMR Record of Proceedings (cont)                                         AR20100028031



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