IN THE CASE OF:	  

		BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110006460 


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 Air Medal (with numeral 3).

2.  The applicant states, he was awarded the Air Medals during his service in the Republic of Vietnam; however, they are not reflected on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and two Air Medal certificates.

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 military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he was inducted into the Army of the United States on 24 May 1967.  This form also shows at the time of his separation, he held military occupational specialty 11B (Light Weapons Infantryman).

4.  His DD Form 214 also shows he served in the U.S. Army Pacific Command for a period of 11 months and 26 days.  He was honorably released from active duty on 23 May 1969 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows:

* National Defense Service Medal
* Army Commendation Medal (2nd oak leaf cluster)
* Army Good Conduct Medal
* Combat Infantryman Badge
* Vietnam Service Medal
* Vietnam Campaign Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* 1 Overseas Bar

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 U.S. Army Human Resources Command, revealed the applicant was assigned to Troop C,            1st Squadron, 9th Cavalry Regiment and received:

* General Orders Number 918, issued by Headquarters, 1st Cavalry
Division (Airmobile), dated 13 February 1968, which show he was awarded the Army Commendation Medal with “V” Device for heroism in the Republic of Vietnam on 27 December 1967.




* General Orders Number 4473, issued by Headquarters, 1st Cavalry
Division (Airmobile), dated 10 June 1968, which show he was awarded the Army Commendation Medal with “V” Device (1st oak leaf cluster) for heroism on 27 March 1968, while serving as a door gunner of a troop carrying helicopter during a combat mission near Khe Sanh, Republic of Vietnam.

* General Orders Number 11745, issued by Headquarters, 1st Cavalry
Division, dated 4 September 1968, which show he was awarded the Army Commendation Medal (2nd oak leaf cluster) for meritorious service for the period October 1967 to October 1968.

7.  He provides certificates showing he was awarded the Air Medal (2nd oak leaf cluster) for meritorious achievement while participating in sustained aerial flight in support of combat ground forces in the Republic of Vietnam during the periods November through December 1967 and April through August 1968.

8.  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.

9.  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.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam 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.

11.  Department of the Army Pamphlet 672-3 shows that during his assignment to Troop C, 1st Squadron, 9th Cavalry Regiment, his unit received a Valorous Unit Award for the period 1 October 1967 through 31 October 1967 by Department of the Army General Order Number 37, dated 1970.

12.  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 Republic of Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive Phase III
* TET Counteroffensive 
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to correct his DD Form 214 to show award of the Air Medal (with numeral 3) has been carefully considered and found to have merit.

2.  Orders show he was awarded the Army Commendation Medal (1st oak leaf cluster) with “V” Device, for heroism while serving as a door gunner of a troop carrying helicopter during a combat mission near Khe Sanh, Republic of Vietnam.  Therefore, his DD Form 214 should be corrected to show the Army Commendation Medal (1st oak leaf cluster) with “V” Device.

3.  Although his record is unavailable for review and the applicant did not provide  orders awarding him the Air Medal, he furnished certificates showing he was awarded the Air Medal (2nd oak leaf cluster) for meritorious achievement while participating in sustained aerial flight in support of combat ground forces in the Republic of Vietnam.  Orders also show he was awarded the Army Commendation Medal (1st oak leaf cluster) with “V” Device, for heroism as a door gunner of a troop carrying helicopter.  Additionally, he was assigned to an Air Cavalry unit while serving in the Republic of Vietnam.  Therefore, there is sufficient evidence upon which to base correction of his DD Form 214 to show award of the Air Medal (with numeral 3).

4.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Valorous Unit Award during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  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:

__X_____  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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; and 

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

* Air Medal (with numeral 3)
* Army Commendation Medal (1st oak leaf cluster) with “V” Device
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Valorous Unit Award
* Vietnam Service Medal with 4 bronze service stars




      ________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)                                         AR20110006460



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ABCMR Record of Proceedings (cont)                                         AR20110006460



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