IN THE CASE OF:	  

		BOARD DATE:	  11 August 2011

		DOCKET NUMBER:  AR20110002938 


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 Army Good Conduct Medal (AGCM) and Air Medal (AM).

2.  The applicant states these awards were inadvertently omitted from his DD Form 214.

3.  The applicant provides his DD Form 214 in support of his application.

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 record shows the applicant was inducted into the Army of the United States on 31 May 1967 and was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 29 October 1967 through 26 October 1968.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Company B, 2nd Battalion, 60th Infantry Regiment, performing duties in MOS 11B as a rifleman and squad leader.  Item 38 also shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments.

4.  The applicant's military personnel records jacket is void of derogatory information or a unit commander's disqualification that would have precluded award of the AGCM.  It is also void of any documents or orders indicating the applicant was ever recommended for or awarded the AM.

5.  On 29 May 1969, the applicant was honorably released from active duty, in the rank of sergeant/E-5 after completing 1 year, 11 months, and 29 days of active military service.  The DD Form 214 he was issued at the time shows he earned the following awards in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Vietnam Unit Citation [properly known as the RVN Gallantry Cross with Palm Unit Citation]
* Army Commendation Medal
* two overseas service bars
* Combat Infantryman Badge
* Bronze Star Medal with "V" Device
* Marksman Marksmanship Qualification Badge with Rifle Bar

6.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, contained the applicant's Army Commendation Medal and Bronze Star Medal with "V" Device orders but failed to reveal Air Medal orders pertaining to the applicant.

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance for the VSM.  It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the following four campaigns for the periods indicated:

* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)
* Tet Counteroffensive (30 January-1 April 1968)
* Vietnam Counteroffensive Phase IV ( 2 April-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)

8.  Paragraph 3-16 of Army Regulation 600-8-22 provides guidance for award of the AM.  It 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.

9.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the AM.  It stated 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 AM.  However, the regulation was clear that these guidelines were considered only a departure point.

10.  U.S. Army Vietnam Regulation 672-1 further indicated that combat missions were divided into the following three categories:

* category I – 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
* category II – defined as being characterized by support rendered a friendly force immediately before, during, or immediately following a combat operation
* category III – defined as being 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

11.  U.S. Army Vietnam Regulation 672-1 stated that in order to be recommended for award of the AM, 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 AM 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.  Flight records were maintained to documents combat missions completed.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the 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.  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.

13.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) assists commanders in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's tenure of assignment in the RVN, his unit, Company B, 2nd Battalion, 60th Infantry Regiment and/or the 2nd Battalion, 60th Infantry Regiment, was authorized the following awards for the periods indicated in the following Department of the Army general orders (DAGO):

* Presidential Unit Citation (PUC), 7 March-22 June 1968, DAGO 60, 1969
* Valorous Unit Award (VUA), 1-3 February 1968, DAGO 42, dated 1969
* RVN Gallantry Cross with Palm Unit Citation, 1 December 1966-30 June 1968, DAGO 31, dated 1969
* RVN Civil Actions Honor Medal First Class Unit Citation, 19 December 1966-28 June 1969, DAGO 55, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that the AGCM be added to his DD Form 214 has been carefully considered and found to have merit.  The evidence of record confirms the applicant received "excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, his record is void of derogatory information or a unit commander disqualification that would have precluded award of the AGCM.  Therefore, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 31 May 1967 through 29 May 1969 and to add this award to his DD Form 214.

2.  The evidence of record also confirms that based on his RVN service and campaign participation he is eligible for the PUC, VUA, RVN Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars with his VSM.  Therefore, it would be appropriate to add these awards to his record and DD Form 214.  In addition, the Republic of Vietnam Gallantry Cross with Palm Unit Citation is improperly listed, and it should be correctly listed now.

3.  The applicant's request that the AM be added to his record and DD Form 214 has also been carefully considered.  However, by regulation, the AM must be formally recommended and processed through the chain of command, approved by the proper authority, and announced in official orders.  The applicant's record is void of any documents or orders indicating he was ever recommended for or awarded the AM by proper authority during his active duty tenure.  Air Medal orders are not contained in ADCARS.

4.  Further, there are no flight records or unit reports available in the record or provided by the applicant to show that he participated in sufficient category I, II, or III flight missions in the RVN to qualify for the AM.  As a result, there is an insufficient evidentiary basis to support granting this portion of the requested relief.

5.  The applicant and all others concerned should know that this action related to award of the AM 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 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:

	a.  awarding him the AGCM for his qualifying period of honorable active duty service from 31 May 1967 through 29 May 1969;

	b.  deleting the current Vietnam Unit Citation and VSM entries from item 24 of his DD Form 214; and

	c.  adding the AGCM, VSM with four bronze service stars, PUC, VUA, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation to item 24 of his DD Form 214.

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 to award of the AM.



      ___________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)                                         AR20110002938



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ABCMR Record of Proceedings (cont)                                         AR20110002938



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