IN THE CASE OF:	  

		BOARD DATE:	  9 August 2011

		DOCKET NUMBER:  AR20110002978 


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 (Report of Transfer or Discharge) to show the Air Medal, Presidential Unit Citation, and any other unit awards he may be entitled to.

2.  The applicant states he was told he is entitled to an Air Medal and he believes that it and some unit citations were omitted from the DD Form 214.  He states as an infantryman assigned to Company C, 2nd Battalion, 18th Infantry Regiment, 1st Infantry Division from February 1968 to February 1969, his unit flew Eagle flights nearly every day of that time.  He was told he had an Air Medal coming.

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 21 August 1967.  He completed training and he was awarded military occupational specialty 11C (Infantry Indirect Fire Control Crewman).

3.  He served in Vietnam from 12 February 1968 to 8 February 1969 with Company C, 2nd Battalion, 18th Infantry Regiment, 1st Infantry Division, with a period of hospitalization from 3 September through 24 December 1968.

4.  General Orders Number 878, issued by Headquarters, 1st Infantry Division, dated 1 February 1969, awarded the applicant the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious service for the period February 1968 to January 1969.

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

	a.  item 38 (Record of Assignments) he received "excellent" conduct and efficiency ratings throughout his service, and

	b.  item 41 (Awards and Decorations) the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Army Commendation Medal with "V" Device
* Purple Heart
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Mortar Bar (81mm)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
(.45 caliber)

6.  There is no evidence of any derogatory or disciplinary actions against the applicant or a commander's disqualification for award of the Army Good Conduct Medal.

7.  He was honorably released from active duty on 20 August 1969 at the expiration of his term of service.  He was transferred to the U.S. Army Reserve 

(USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He attained the rank/grade of specialist four (SP4)/E-4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 he was issued at the time shows the:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Army Commendation Medal with "V" Device
* Purple Heart

8.  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 the 2nd Battalion, 18th Infantry Regiment, the unit to which the applicant was assigned, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 by Department of the Army General Order Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 July 1965 through 7 April 1970 by DAGO Number 53, dated 1970

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

10.  Army Regulation 600-8-22 (Military Awards) provides the following:

	a.  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; and 

	b.  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:

* 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)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was told he is entitled to an Air Medal and believes that the Presidential Unit Citation and other unit citations were omitted from his DD Form 214.

2.  Evidence shows the applicant was awarded two awards of the Army Commendation Medal of which one was with a "V" Device for heroism.  Therefore, his DD Form 214 should be corrected to show both awards.

3.  The applicant's unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment in.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  Records show he was awarded the Expert Marksmanship Qualification Badge with Mortar Bar, Sharpshooter Expert Marksmanship Qualification Badge with Rifle, and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar, which are not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show these marksmanship badges.

5.  The applicant participated in four campaign phases during his service in Vietnam.  Therefore, he is entitled to four 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.

6.  The applicant distinguished himself by his conduct, efficiency, and fidelity as evidenced by his combat service, his "excellent" conduct and efficiency ratings, his personal decorations, and his advancement to SP4/E-4.  The record contains no indication of any disqualifying incidents or recommendations.  Therefore, it is appropriate to award him the first award of the Army Good Conduct Medal for period 21 August 1967 through 20 August 1969 and to correct his DD Form 214 to show this award.

7.  Although the applicant contends he participated in aerial flight with his unit in Vietnam almost on a daily basis, there is no evidence of record and the applicant did not provide any evidence to show he was entitled to, considered for, or awarded the Air Medal.  Therefore, there is an insufficient basis for granting this portion of his request.

8.  There is no evidence his unit was ever cited for award of the Presidential Unit Citation during its tenure in Vietnam.  Therefore, there is no basis for granting this portion of his request.

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 Army Commendation Medal with "V" Device and the Vietnam Service Medal with bronze service star;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
21 August 1967 through 20 August 1969; and

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

* Army Commendation Medal (2nd Award) and with "V" Device
* Army Good Conduct Medal (1st 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
* Expert Marksmanship Qualification Badge with Mortar Bar (81mm)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
(.45 caliber)

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 the Air Medal and the Presidential Unit Citation.



      _________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)                                         AR20110002978



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ABCMR Record of Proceedings (cont)                                         AR20110002978



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