IN THE CASE OF:	  

		BOARD DATE:	  21 June 2011

		DOCKET NUMBER:  AR20110000735 


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:

* Air Medal (4th Award)
* Bronze Star Medal with "V" Device (1st Oak Leaf Cluster)
* Army Commendation Medal (2nd Oak Leaf Cluster)

2.  The applicant states he believes he received four awards of the Air Medal.  He was assigned to and flew a lot with Company B, 6th Battalion, 31st Infantry.

3.  The applicant provides his DD Form 214, two certificates showing award of the Bronze Star Medal and Army Commendation Medal, and a letter from the National Personnel Records Center.

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 records show he enlisted in the Regular Army on 26 July 1968 and held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 3 February 1969 to 24 February 1970 with:

* Company D, 3rd Battalion, 39th Infantry, from 18 February to 20 July 1969
* Company B, 6th Battalion, 31st Infantry, from 21 July 1969 to 27 February 1970

3.  Headquarters, 9th Infantry Division, published the following Special or General Orders (S/GO):

* SO Number 70, dated 11 March 1969, awarding him the Combat Infantryman Badge
* GO Number 4728, dated 19 April 1969, awarding him the Army Commendation Medal for achievement from February to April 1969
* GO Number 5931, dated 24 May 1969, awarding him the Air Medal for achievement from 3 March to 5 May 1969
* GO Number 4770, dated 18 December 1969, awarding him the Air Medal (2nd Award) for achievement from 6 June to 26 September 1969
* GO Number 8357, dated 3 July 1969, awarding him the Army Commendation Medal (1st Oak Leaf Cluster) for service from February to July 1969
* GO Number 10923, dated 25 July 1969, awarding him the Bronze Star Medal for meritorious achievement from 30 June to 25 July 1969
* GO Number 2130, dated 28 May 1970, awarding him the Bronze Star Medal with "V" Device for heroism on 2 January 1970

4.  He was honorably released from active duty in the rank/grade of specialist four/E-4 on 27 February 1970 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Combat Infantryman Badge
* Army Commendation Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Bronze Star Medal
* Two overseas service bars
* National Defense Service Medal
* Air Medal (2 Oak Leaf Clusters)

5.  On 20 May 1998, he was issued a DD Form 215 (Correction to DD Form 214) that deleted the Bronze Star Medal and added the Bronze Star Medal with "V" Device (1st Oak Leaf Cluster).

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show he was awarded four awards of the Air Medal or a third award of the Army Commendation Medal.

7.  There are no orders in his records that show he was awarded a fourth award of the Air Medal or a third award of the Army Commendation Medal.

8.  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 United States Army Human Resources Command, failed to reveal orders for a fourth award of the Air Medal or a third award of the Army Commendation Medal.

9.  Army Regulation 600-8-22 (Military Awards) states 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, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  U.S. Army Vietnam Regulation 672-1 provided 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.

11.   Army Regulation 600-8-22 states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

12.  A review of his records indicates his entitlement to additional awards that are not shown on his DD Form 214.

13.  SO Number 194, issued by Headquarters, 1st Basic Combat Training Brigade, Fort Jackson, SC, on 12 September 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

14.  A review of the applicant's service reveals no derogatory information in his record.  Additionally, Item 38 (Record of Assignments) of his DA Form 20 shows he received "Excellent" conduct and efficiency ratings throughout his period of military service.

15.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial. 

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his service with his two units in Vietnam:

	a.  The 3rd Battalion, 39th Infantry, was awarded the:

		(1)  Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 January 1969 to 30 June 1969, based on Department of the Army General Orders (DAGO) Number 59, dated 1969.

		(2)  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 19 December 1966 to 28 June 1969 based on DAGO Number 59, dated 1969.

	b.  The 6th Battalion, 31st Infantry, was awarded the:

		(1)  Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 29 July 1969 to 20 July 1970, based on DAGO Number 55, dated 1971.

		(2)  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 26 July 1969 to 20 July 1970 based on DAGO Number 59, dated 1969.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  

18.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows during the applicant's service in Vietnam, campaign participation credit was awarded for the below four campaigns.  This regulation also states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in:  

* Vietnam Counteroffensive Phase VI - 2 November 1968 - 22 February 1969
* Tet 69/Counteroffensive - 23 February - 8 June 1969
* Vietnam Summer - Fall 1969 - 9 June - 31 October 1969
* Vietnam Winter - Spring 1970 - 1 November 1969 - 30 April 1970

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him two awards of the Army Commendation Medal, one of which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show both awards.

2.  With respect to a third award of the Army Commendation Medal, his record is void of a formal recommendation, approval through the chain of command, or orders that show he was awarded a third award of the Army Commendation Medal.  As with all personal decorations, an award of the Army Commendation Medal requires formal recommendations, approval through the chain of command, and announcement in orders.  

3.  With respect to the Bronze Star Medal with "V" Device and 1st Oak Leaf Cluster, the applicant was issued a DD Form 215 on 20 May 1998 reflecting both awards.  He was provided with a copy of this DD Form 214 by separate correspondence. 

4.  General orders awarded his units in Vietnam two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

5.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, his records show he participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his Vietnam Service Medal.

6.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.

7.  The evidence of record confirms he served honorably during the period 26 July 1968 through 27 February 1970.  He completed a combat tour in Vietnam, received "excellent" conduct and efficiency ratings throughout his period of military service, attained the rank/grade of SP4/E-4, and received multiple combat awards.  His record does not contain any derogatory information that would have disqualified him from receiving his first award of the Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show this medal.

8.  With respect to a fourth award of the Air Medal, there are no general orders available that show the applicant was awarded a fourth award of the Air Medal.  The governing regulation requires a formal recommendation, approval through the chain of command, and announcement in orders for award of the Air Medal.  In the absence of orders or other independent evidence that would confirm he completed the number of missions necessary to be awarded the Air Medal, there is insufficient evidence upon which to base a fourth award of the Air Medal in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  __X_____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 26 July 1968 through 27 February 1970
* deleting from Item 24 of his DD Form 214 the Vietnam Service Medal and the Army Commendation Medal
* adding to his DD Form 214 the:

* Good Conduct Medal (1st Award)
* Army Commendation Medal (2nd Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

2.  The Board further determined 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 correcting his DD Form 214 to show a fourth award of the Air Medal and a third award of the Army Commendation Medal.



      _______ _  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)                                         AR20110000735



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ABCMR Record of Proceedings (cont)                                         AR20110000735



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