IN THE CASE OF:	  

		BOARD DATE:	  27 October 2011

		DOCKET NUMBER:  AR20110008280 


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 (AM) and Republic of Vietnam (RVN) Campaign Medal with Device (1960).

2.  He states it was an oversight that these awards were not listed on his DD Form 214.

3.  He provides 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 9 April 1969.  He completed 1 year, 7 months, and 11 days of total active service and was honorably released from active duty on 19 November 1970.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 3 September 1969 to 12 December 1969.  Item 38 (Record of Assignments) shows the effective date, duty military occupational specialty, and organization during his service in the RVN as follows:

* 13 September 1969, aero-rifleman, Troop D, 3rd Squadron, 4th Cavalry Regiment, 25th Infantry Division
* 27 November 1969, patient, Medical Hold Company, 106th General Hospital
* 12 December 1969, casual, en route to the continental United States

4.  His DA Form 20 also shows he received all "excellent" conduct and efficiency ratings throughout his military service and there are no records of disciplinary infractions contained in his file.

5.  General Orders Number 322, Headquarters, 12th Evacuation Hospital (Semi-mobile), dated 28 November 1969, contained in his military personnel records jacket (MPRJ) show he was awarded the Purple Heart for wounds sustained in action on 27 November 1969.  A hospital message also contained in his MPRJ shows he was medically evacuated to the106th General Hospital.

6.  His military service records do not contain any orders awarding him the AM.  Additionally, his DA Form 20 does not show award of the AM or the RVN Campaign Medal with Device (1960).

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

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal (VSM)
* Purple Heart
* Bronze Star Medal
* Combat Infantryman Badge

8.  The Awards and Decorations Computer Assisted Retrieval System (ADCARS), a web-based index containing U.S. Army general orders issued between 1965 and 1973 for the Vietnam era, does not contain orders awarding him the AM.

9.  Army Regulation 600-8-22 (Military Awards) provides that 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.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded to individuals who completed a qualified 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, paragraph 2-13, contains the regulatory guidance for the VSM and states 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, participation credit was awarded for the following campaigns:

* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)

12.  Army Regulation 600-8-22 provides for award of the RVN Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in the RVN during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in the RVN for 6 months or more.  Individuals who served less than 6 months and were wounded by hostile forces are entitled to award of the RVN Campaign Medal with Device (1960).

13.  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 3rd Squadron, 4th Cavalry Regiment, to which the applicant was assigned, was cited for the RVN Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders (DAGO) Number 51, dated 1971.  This pamphlet also provides for award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973, and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

14.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for the timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

15.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  U.S. Army Human Resources Command, ATTN:  
AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The applicant's unit must be clearly identified along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Vietnam from 3 September 1969 to 12 December 1969.  He was wounded in action by hostile forces on 27 November 1969 as verified by his award of the Purple Heart and he was medically evacuated.  Therefore, he is entitled to award of the RVN Campaign Medal with Device (1960) and correction of his records to show this award.

2.  The applicant's MPRJ and ADCARS do not contain orders awarding him the AM.  There is no evidence of record that shows he was recommended for or awarded the AM by higher authority.  Therefore, there is insufficient evidence to award him the AM or to add this award to his DD Form 214.

3.  While the available evidence is insufficient for awarding him the AM, this in no way affects his right to pursue his claim for the AM by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

4.  The evidence of record shows he received "excellent" conduct and efficiency ratings and he had no record of courts-martial and no commander's disqualification for award of the AGCM.  Therefore, he is entitled to the first award of the AGCM for the period 9 April 1969 through 19 November 1970 and to correction of his records to show this award.

5.  The evidence of record shows his unit was awarded the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation during his assignment.  Therefore, he is entitled to correction of his records to show these unit awards.

6.  The evidence also shows he participated in two campaigns during his service in the RVN.  Therefore, he is entitled to correction of his records to show two bronze service stars for wear on his already-awarded VSM.

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 (1st Award) for the period 9 April 1969 through 19 November 1970;

	b.  deleting the VSM from item 24 of his DD Form 214; and

	c.  adding the AGCM, VSM with two bronze service stars, RVN Campaign Medal with Device (1960), 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)                                         AR20110008280



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ABCMR Record of Proceedings (cont)                                         AR20110008280



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