IN THE CASE OF:	  

		BOARD DATE:	    21 July 2011

		DOCKET NUMBER:  AR20110000055 


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 Bronze Star Medal, Combat Infantryman Badge, and Air Medal.  He also requests that his DD Form 214 show his rank as sergeant. 

2.  The applicant states, in effect, his Bronze Star Medal orders with citation and a pay voucher showing he was pay grade E-5 are enclosed.  He states he served in the Mekong Delta where he was involved in between 50 and 125 air assaults.  He also states that he was shot at numerous times by the North Vietnamese Army and that he disarmed booby traps. 

3.  The applicant provides his DD Form 214, Bronze Star Medal orders and citation, a DA Form 2139 (Military Pay Voucher), a letter requesting a copy of his promotion orders, eight letters of support with attachments, and four pictures. 

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 15 September 1969.  He completed initial entry training and was awarded the military occupational specialty of light weapons infantryman.  The pay grade he held was E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows while he was stationed in the Republic of Vietnam (RVN) he performed duties as:

   a.  a light weapons infantryman while assigned to Company C, 6th Battalion, 31st Infantry, 3d Brigade, 9th Infantry Division during the period 11 April to 28 September 1970;
   
   b.  an automatic rifleman while assigned to Company A, 2nd Battalion, 3d Infantry, 25th Infantry Division on 29 September 1970;
   
   c.  a grenadier while assigned to Company B, 4th Battalion, 23d Infantry, 25th Infantry Division during the period 30 September to 27 November 1970; and
   
   d.  a grenadier while assigned to Company C, 2nd Battalion, 12th Infantry, 25th Infantry Division during the period 28 November 1970 to 17 February 1971.
   
4.  His DA Form 20 shows in item 33 (Appointment and Reductions) that he was promoted to:

	a.  specialist four (SP4)/E-4, with a date of rank of 4 July 1970, by Special Orders 210, issued by Headquarters, 3d Brigade, 9th Infantry Division in 1970; and

	b.  specialist five/E-5, with a date of rank of 22 July 1974, by Special Orders 19, as amended by Special Orders 21 issued by the 871st Engineer Battalion in 1974.

5.  Headquarters, 3d Brigade, 9th Infantry Division Special Orders Number 129, dated 9 May 1970, awarded him the Combat Infantryman Badge.

6.  Headquarters, II Field Force Vietnam General Orders Number 704, dated 14 March 1971, awarded him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force from March 1970 to February 1971.
7.  On 2 September 1971, he was honorably released from active duty.  He completed 1 year, 11 months, and 18 days of creditable active service.  Item 5a (Grade, Rate or Rank), item 5b (Pay Grade), and item 6 (Date of Rank) of his DD Form 214 contain the entries "SP4," "E4," and "11 Jul 70."

8.  Headquarters, U.S. Army Infantry Center Special Orders Number 245 Extract, dated 2 September 1971, released him from active duty in the rank of specialist four.

9.  He provided a DA Form 2139 with notes in the remarks section indicating he was due the difference between E4 and E5 pay and basic allowance for quarters for the period 3 August and 2 September 1971.

10.  He provided a Headquarters, 871st Engineer Battalion letter addressed to the Commander, Company C, 2/12th Infantry, 2/25th Infantry Division, dated 11 June 1974, requesting a copy of the special orders which promoted him to the rank of specialist five/E-5. 

11.  Headquarters, 871st Engineer Battalion Special Orders Number 19, dated 22 July 1974, promoted him to pay grade E-5 effective 22 July 1974.

12.  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 with two bronze service stars, Republic of Vietnam Campaign Medal with Device 1960, Army Good Conduct Medal (1st Award), Army Commendation Medal, Marksman Marksmanship Qualification Badge (M-14), and two overseas service bars.

13.  The available records are void of any orders or other documents that indicate he was recommended for or awarded the Air Medal by the proper authority.

14.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders awarding him the Air Medal.

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


16.  Army Regulation 600-8-22 (Military Awards) 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.

17.  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.

18.  Appendix B, Army Regulation 600-8-22 shows the campaigns for Vietnam.  During his tour in Vietnam he participated in the Vietnam Winter - Spring 1970 
(1 November 1969 - 30 April 1970), DA Sanctuary Counteroffensive (1 May - 
30 June 1970), and Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971) 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.

19.  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 Company C, 6th Battalion, 31st Infantry, 3d Brigade, 9th Infantry Division, the unit to which he was assigned to during the period 11 April to 28 September 1970, was  cited for award of the:

* Valorous Unit Award for the period 5 through 12 May 1970 by Department of the Army General Orders (DAGO) Number 48, dated 1971
* RVN Gallantry Cross with Palm Unit Citation for the period 29 July 1969 through 20 July 1970 by DAGO Number 55, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 26 July 1969 through 20 July 1970 by DAGO Number 59, dated 1969

20.  Department of the Army Pamphlet 672-3 shows Company A, 2nd Battalion, 3d Infantry, 25th Infantry Division, the unit to which he was assigned on 29 September 1970, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 15 through 30 September 1970 by DAGO Number 5, dated 1973.

21.  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.

22.  Army Regulation 635-5 (Separation Documents) states a DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty service.  It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.  The version of the regulation in effect at the time prescribed that the rank and grade in which serving at the time of separation would be entered in items 5a and 5b.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Bronze Star Medal.  As such, he is entitled to have this medal added to his DD Form 214.

2.  Special orders awarded him the Combat Infantryman Badge.  As such, he is entitled to have this badge added to his DD Form 214.



3.  He participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three 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.

4.  His units were awarded the Valorous Unit Award, two awards of the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation during his service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  He contends he participated in between 50 and 125 air assaults.  Regrettably, there are no flight logs or other evidence in the available records and the applicant did not provide any to verify the number or categories of any missions he flew while serving in Vietnam.  As such, there is insufficient evidence upon which to base award of the Air Medal.

6.  He was promoted to the rank/grade of SP4/E-4 with a date of rank of 4 July 1970.

7.  There are no orders in his Official Military Personnel File (OMPF) and he did not provide any orders promoting him to either the temporary or permanent grade of E-5 which were effective during the period of active service covered by his DD Form 214.  However, he provided a DA Form 2139 with an annotation in the remarks section indicating he was due the difference between E4 and E5 pay and basic allowance for quarters for the period 3 August and 2 September 1971.  It can be presumed that the U.S. Army Finance and Accounting Center had a copy of his promotion orders at the time in order to complete this pay transaction; therefore, it is reasonable to presume that he was promoted to sergeant/E-5 effective 3 August 1971.

8.  As such, based on the recommended change to his pay grade it would be appropriate to correct his DD Form 214 to show his rank as sergeant, pay grade as E-5, and date of rank as 3 August 1971.

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 the Vietnam Service Medal with two bronze service stars from his DD Form 214.

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

* Bronze Star Medal
* Combat Infantryman Badge
* Vietnam Service Medal with three bronze service stars
* Valorous Unit Award
* two RVN Gallantry Cross with Palm Unit Citations
* RVN Civil Actions Honor Medal First Class Unit Citation

	c.  Amending items 5a, 5b, and 6 to show "SGT," "E-5," and "3 Aug 71."

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)                                         AR20110000055



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ABCMR Record of Proceedings (cont)                                         AR20110000055



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