BOARD DATE:	  25 August 2011

		DOCKET NUMBER:  AR20110001367 


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 add the Bronze Star Medal (BSM) and the Air Medal (AM).

2.  He states the BSM and AM, which were awarded for his service in Vietnam, were omitted from his DD Form 214.

3.  He provides his:

* BSM orders
* 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.  The applicant was inducted into the Army of the United States on 31 July 1969.  Upon completion of training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 31 (Foreign Service) he served in Vietnam from 5 January through
28 November 1970;

	b.  Item 38 (Record of Assignments) that while in Vietnam he was assigned to:

* 2nd Battalion, 16th Infantry, 1st Infantry Division from 16 January through 21 April 1970
* 1st Battalion (Airmobile), 506th Infantry Regiment, 101st Airborne Division from 22 April to 25 November 1970

	c.  Item 41 (Awards and Decorations) the:

* Army Commendation Medal (2nd Award)
* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Combat Infantryman Badge (CIB)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Grenade Bar

4.  General Orders Number 13401, issued by Headquarters, 101st Airborne Division (Airmobile), dated 7 November 1970, awarded the applicant the BSM for meritorious service in the RVN during the period 1 February 1970 to 31 October 1970.

5.  On 30 July 1971, he was honorably released from active duty at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) 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:

* NDSM
* VSM


* RVN Campaign Medal with Device (1960)
* CIB
* ARCOM (1st Oak Leaf Cluster)

6.  A 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 any orders for the AM pertaining to the applicant.

7.  His record is void of documentation that shows he was either recommended for or awarded the AM.

8.  A review of his record indicates entitlement to additional awards which are not shown on his DD Form 214.

9.  His record is void of documentation showing he was recommended for or awarded the Army Good Conduct Medal (AGCM).  Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of any derogatory information or a commander's disqualification that could serve to disqualify him for this award.

10.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years, except in those cases when the period for the first award ended 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.

11.  Army Regulation 600-8-22 (Military Awards), 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 three campaigns:

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

12.  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 that during the applicant's assignment to:

* 2nd Battalion, 16th Infantry it was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period 12 July 1965 through 7 April 1970 by Department of the Army General Order (DAGO) Number 53, dated 1970
* 1st Battalion, 506th Infantry it was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period 3 October 1968 through 2 May 1970 by DAGO Number 48, dated 1971

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d states that DAGO Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period
20 July 1965 to 28 March 1973.

14.  U.S Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the AM for sustained operations.  Appendix IV required that recommendations for award of the AM for crewmembers or non-crewmembers on flying status would be submitted on USARV Form 157-R.  The recommendation for award must also have stated that the individual “met the required number of missions and hours for award of the “AM”; that “the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident”; and that the “individual’s accomplishments and service throughout the period have reflected meritorious performance, with no instance of non-professionalism, mediocrity, or failure to display an aggressive spirit.”

15.  Army Regulation 600-8-22 states the AM 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.

DISCUSSION AND CONCLUSIONS:

1.  His record is void of any evidence and he has not provided sufficient evidence which shows he was recommended for or awarded the AM.  As a result, there is no basis for granting this portion of the requested relief.

2.  General orders awarded him the BSM.  Therefore, his DD Form 214 should be corrected to show this award.


3.  The evidence of record confirms he served honorably during the period
31 July 1969 through 30 July 1971.  He received "excellent" conduct and efficiency ratings throughout his service.  There is also no evidence of any derogatory information or a commander's disqualification that would have precluded award of the AGCM.  Therefore, it would be appropriate to award him the first award of the AGCM and to correct his DD Form 214 to show this award.

4.  Records show the applicant participated in three campaign phases 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.

5.  General orders awarded each of his units in Vietnam the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form to show two awards of this unit award.

6.  Headquarters, U.S. Army Vietnam, and its subordinate units were cited for award of the RVN Gallantry Cross with Palm unit Citation during the applicant's period of assignment in Vietnam.  Therefore, he is entitled to correction of his
DD Form 214 to show unit award.

7.  Records show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle (M-16) and Grenade Bars.  He was also awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his DD Form 214 should be corrected to show these marksmanship qualification badges.

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;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
31 July 1969 through 30 July 1971; and

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

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Grenade Bar

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)                                         AR20110001367



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ABCMR Record of Proceedings (cont)                                         AR20110001367



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