BOARD DATE:	  23 June 2011

		DOCKET NUMBER:  AR20100029579 


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 award of the Air Medal with "V" device and correction of his records to reflect award of the Air Medal 4th oak leaf cluster.

2.  The applicant states that his citations and statements for the Air Medal are missing from his official records.

3.  The applicant provides the following as evidence:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* letter from the National Personnel Records Center (NPRC)
* narrative recommendation for Air Medal (4th oak leaf cluster) with "V" device from platoon leader
* recommendation for Air Medal (4th oak leaf cluster) with "V" device from company commander
* citation for the Air Medal (4th oak leaf cluster)
* the Air Medal (4th oak leaf cluster)
* certificate for the Air Medal

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.  On 3 December 1964, the applicant was inducted in the Army.  He was awarded military occupational specialty 67C (Aircraft Maintenance Mechanic) and served in Vietnam from 26 June 1965 to 12 September 1966 while assigned to the 18th Aviation Company.  He was honorably released from active duty at the rank/grade of specialist/E4.

3.  On 16 September 1966, the applicant was honorably released from active duty.  The applicant's DD 214, item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the following awards:

* Aircraft Crewman Badge
* Vietnam Campaign Medal with 60 device
* Vietnam Service Medal (VSM) with battle star
* National Defense Service Medal
* Expert Marksmanship Badge

4.  14th Aviation Battalion, 18th Aviation Company, General Orders Number 2459, dated 22 April 1966, awarded the applicant the Air Medal (3rd oak leaf cluster) for the period 2 February 1966 to 12 March 1966.

5.  18th Aviation Company, General Orders Number 986, awarded the applicant the Air Medal (4th oak leaf cluster) for the period 13 March 1966 to 10 May 1966.

6.  Army Regulation 600-8-22 (Military Awards) provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The Numeral 2 denotes the second award of the Air Medal.

7.  The applicant provided a letter for the NPRC which authorized shipment of his awards based on the documents the applicant provided.

8.  The applicant provided a recommendation from his platoon leader which recommended him for the Air Medal with" V" device for outstanding and valorous action performed as a crew member.
9.  The applicant provided a citation and recommendation for the Air Medal with "V" device from his commanding officer; however, the document was not signed by higher command.

10.  The applicant provided the award of the Air Medal (4th oak leaf cluster) and citation for the period of 13 March 1966 to 10 May 1966.

11.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

12.  Army Regulation 600-8-22 (Military Awards) states that effective 
29 February 1964, the "V" device is authorized for wear on the Air Medal for heroic acts or valorous deeds.

13.  The applicant's DA Form 20 (Enlisted Qualification Record) Item 38 shows he received “excellent” conduct and efficiency ratings while serving on active duty.

14.  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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

15.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the VSM.  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:

* Vietnam Defense Campaign
* Vietnam Counteroffensive
* Vietnam Counteroffensive Phase II

16.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the Republic of Vietnam, the applicant is entitled to the following unit citations:

* Meritorious Unit Commendation
* Presidential Unit Citation

17.  The Department of the Army General Order Number 8, dated in 1974, further entitled the applicant the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This award was awarded to all personnel assigned to the Republic of Vietnam from 8 February 1962 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Air Medal with "V" device and that the Air Medal with (numeral 5) was omitted from his records have been carefully considered and there is sufficient evidence to grant partial relief.

2.  Records show the applicant was awarded the Air Medal (numeral 5) for the period 13 March 1966 to 10 May 1966.

3.  Although the applicant provided recommendations for the Air Medal (numeral 5) with "V" device by his platoon leader and commanding officer, the higher command did not sign the recommendation.  

4.  Records do not show that the applicant was approved for an Air Medal with "V" device.  Evidence further shows he received an Air Medal for meritorious achievement for the period in question.  Therefore, the applicant is entitled to have his records corrected to reflect this fact.

5.  The applicant did not have any evidence of derogatory information in his military record or disqualification from a unit commander that would have precluded him from receiving the AGCM.  He has "excellent" conduct and efficiency ratings on his DA Form 20 (Enlisted Qualification Record); therefore, it would be appropriate to award him the AGCM for his honorable active duty service.

6.  Records show the applicant was awarded the VSM.  Evidence shows he participated in three campaigns during his service in the Republic of Vietnam; therefore, he is eligible for wear of three bronze service star affixed to his VSM.
7.  While the applicant was assigned to his unit, it was cited for award of the Meritorious Unit Commendation and the Presidential Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

8.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for accomplishments during his tenure in the unit; therefore, he is entitled to correction of his DD 214 to show this foreign unit award.  

9.  The applicant and all others concerned should know that this action related to award of the Air Medal (numeral 5) with "V" device in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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 the following:

a.  Awarding the Army Good Conduct Medal for the period 3 December 1964 through 16 September 1966

b.  Adding the following to his DD Form 214:

* Air Medal (numeral 5)
* Army Good Conduct Medal
* three bronze service star to be affixed to his previously issued VSM
* Meritorious Unit Commendation
* Presidential Unit Citation
* 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 (numeral 5) with "V" device.




      _______ _   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)                                         AR20100029579





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100029579



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1