IN THE CASE OF:	  

		BOARD DATE:	  2 August 2011

		DOCKET NUMBER:  AR20110002570 


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 Combat Infantryman Badge, Bronze Star Medal (1st Oak Leaf Cluster) [indicating 2nd Award] and two additional Air Medals.  He further requests a copy of his corrected DD Form 214 and the medals upon completion.

2.  The applicant states he believes it was an oversight that the awards were not listed on his DD Form 214.  

3.  The applicant provides a copy of his 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 28 May 1968.  Upon completion of initial entry training he was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank he attained while serving on active duty was sergeant (SGT)/E-5.

3.  His record contains Special Orders Number 201, issued by Headquarters, 1st Infantry Division, dated 20 July 1969, which show he was awarded the Combat Infantryman Badge.

4.  His record contains General Orders Number 221, issued by Headquarters,  1st Infantry Division, dated 6 January 1970, which show he was awarded the Bronze Star Medal (1st Oak Leaf Cluster) for the period February 1969 through November 1969.

5.  His record contains General Orders Number 7421, issued by Headquarters, 1st Infantry Division, dated 23 July 1969, which show he was awarded the Air Medal (1st Oak Leaf Cluster) for the period 1 June 1969 to 4 July 1969.

6.  His record contains Special Orders Number 206, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Fort Lewis, Washington, dated 25 July 1968, which show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

7.  His record contains Special Orders Number 267, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Fort Lewis, Washington, dated 24 September 1968, which show he was awarded the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60).

8.  His record contains Special Orders Number 280, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Fort Lewis, Washington, dated 7 October 1968, which show he was awarded the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16A1).

9.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam during the period 4 February 1969 through 3 February 1970.

10.  Item 38 (Record of Assignments) of his DA Form 20 shows during his tour of duty in the Republic of Vietnam he served in 483rd Field Services Company during the period 6 February 1969 through 24 April 1969 and with Company A, 1st Battalion, 18th Infantry Regiment, 1st Infantry Division during the period      25 April 1969 through 30 January 1970.

11.  Item 41 (Awards and Decorations) of his DA Form 20 does not reflect additional awards of the Air Medal nor do his records contain official orders awarding him a third Air Medal.

12.  Item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings for each of his duty assignments.  There is also no record of any convictions by a court-martial or a commander's disqualification from receiving the Army Good Conduct Medal.

13.  On 4 February 1970, he was transferred to the U.S. Army Reserve Control Group (Annual Training) and he was honorably discharged on 1 May 1974.  

14.  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)
* Air Medal
* Bronze Star Medal

15.  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.  This regulation further states 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.

16.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) 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.

17.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army 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.

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows Department of the Army General Orders Number 2, dated 1971, awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 September 1969 through February 1970.

19.  Department of the Army Pamphlet 672-3 shows that during his assignment to 1st Battalion, 18th Infantry Regiment, his unit was cited for the Republic of Vietnam 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 Number 53, dated 1970.

20.  Army Regulation 600-8-22, 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 four campaigns:

* Vietnam Counteroffensive, Phase VI
* Tet 69 Counteroffensive 1969
* Vietnam Summer-Fall 1969 
* Vietnam Winter-Spring 1970 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to correct his DD Form 214 to show award of the Combat Infantryman Badge, Bronze Star Medal (1st Oak Leaf Cluster) and additional Air Medals has been carefully considered and found to have partial merit.

2.  Orders show he was awarded the Combat Infantryman Badge, Bronze Star Medal (1st Oak Leaf Cluster), Air Medal (1st Oak Leaf Cluster), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60), and Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar       (M-16A1).  Therefore, his DD Form 214 should be corrected to show these awards and decorations.

3.  With regard to additional awards of the Air Medal, there are no orders available which show the applicant was awarded more than two Air Medals.  The governing regulation requires a formal recommendation, approval through the chain of command, and announcement in orders for award of the Air Medal.  

4.  The applicant’s record is void and he has not provided any documentation showing the number, type, and duration of flight missions he participated in while serving in the Republic of Vietnam.  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 award of a third Air Medal in this case.

5.  The applicant received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for award of the Army Good Conduct Medal.  Therefore, he is eligible for award of the Army Good Conduct Medal (1st Award) for the period 28 May 1968 through 4 February 1970 and correction of his DD Form 214 to show this award.

6.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

7.  Records show he was previously awarded the Vietnam Service Medal.  Evidence shows he participated in four campaigns phases during his Republic of Vietnam service.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear with his previously-awarded Vietnam Service Medal.

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 Air Medal and the Vietnam Service Medal; 

   b.  awarding him the Army Good Conduct Medal (1st Award) for the period 28 May 1968 through 4 February 1970; 

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

* Combat Infantryman Badge
* Bronze Star Medal (2nd Award)
* Air Medal with Numeral 2
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16A1)
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Vietnam Service Medal with four bronze service stars

d.  providing a corrected DD Form 214 and the above medals to the applicant.

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 a third Air 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)                                         AR20110002570



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ABCMR Record of Proceedings (cont)                                         AR20110002570



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