BOARD DATE:	  28 June 2011

		DOCKET NUMBER:  AR20100028453 


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 Air Medal and all awards he is entitled to.

2.  He states that he served in Vietnam and was one of the 100 men to receive an Air Medal.  He also received an Army Good Conduct Medal.  He would like to have all the awards he received at Fort Benning, GA, in 1964 and 1965 in the 11th Air Assault Division.  He received awards for rappelling out of helicopters and he went to jump school at Fort Benning (airborne wings). 

3.  He provides no additional evidence.

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 enlisted in the Regular Army, in pay grade E-1, on 31 March 1964, for 3 years.  He completed training in military occupational specialty 12B (Combat Engineer).  

3.  Item 38 (Record of Assignment) of his DA Form 20 (Enlisted Qualification Record) shows the following duty assignment:

* Company C, 127th Engineer Battalion, 11th Air Assault Division, Fort Benning from 16 August to 20 June 1965

4.  He served in Vietnam from 16 August 1965 through on or about 17 February 1967, during three campaigns.  He was assigned to:

* Company A, 8th Engineer Battalion, 1st Cavalry Division (Airmobile (AM)) from 2 October to 17 December 1965
* Company C, 8th Engineer Battalion, 1st Cavalry Division (AM) from 18 December 1965 to 15 February 1967

5.  General Orders Number 4108 were issued by Headquarters, 1st Cavalry Division (AM), on 15 December 1966, awarding him the Air Medal for meritorious achievement while participating in aerial flight in Vietnam from 5 December 1965 to 1 November 1966.

6.  He was honorably released from active duty, in pay grade E-5, on 17 February 1967, as an overseas returnee, and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.

7.  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)

8.  Item 25 (Education and Training Completed) of his DD Form 214 does not list the air assault training course.  His records do not show he completed this course.

9.  Item 27 (Military Education) of his DA Form 20 shows he completed 8 weeks of the Pioneer Course in 1964 at the U.S. Army Training Center Engineer School. 

10.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for award the first award of the Army Good Conduct Medal.

11.  A search of the records by a staff member of the U.S. Army Airborne School, Fort Benning, GA, during the timeframe the applicant was there, failed to show he successfully completed the jump school for award of the Parachutist Badge. 

12.  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; for 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.

13.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  

13.  Army Regulation 600-8-22 sets forth requirements for award of the Air Assault Badge.  Award of the Air Assault Badge requires that an individual must have satisfactorily completed an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completed the standard Air Assault Course.

14.  Army Regulation 600-8-22 also states award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.

15.  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 his unit, the 8th Engineer Battalion, was cited for award of the:

* Presidential Unit Citation for the period 23 October - 26 November 1965, Department of the Army General Orders (DAGO) Number 40, dated 1967
* Meritorious Unit Commendation for the period October 1965 - August 1966, by DAGO Number 48, dated 1968

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 - 19 May 1969, by DAGO Number 59, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Air Medal on 15 December 1966.  Therefore, he is entitled to correction to his DD Form 214 to show the Air Medal.

2.  The evidence of record also shows he had "excellent" conduct and efficiency ratings during his service in the Army.  While in the Army, he attained the rank/grade of sergeant/E-5, served in Vietnam, and was awarded the Air Medal.  Therefore, he should be awarded the first award of the Army Good Conduct Medal and his DD Form 214 should be corrected to show this award.

3.  He participated in three campaign phases while serving in Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to his Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  The 8th Engineer Battalion, during his period of assignment, was cited for award of the Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  There is no evidence of record and he has provided none to show that he attended and successfully completed the air assault training course and met the criteria for award of the Air Assault Badge or Parachutist Badge.  Therefore, he is not entitled to this award and its addition to his DD Form 214.

6.  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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 31 March 1964 through 17 February 1967
* deleting from Item 24 of his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the:

   * Army Good Conduct Medal (1st Award)
   * Air Medal
   * Vietnam Service Medal with three bronze service stars
   * Presidential Unit Citation
   * Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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 award of the Air Assault Badge and Parachutist Badge and their addition 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)                                         AR20100028453



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ABCMR Record of Proceedings (cont)                                         AR20100028453



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