IN THE CASE OF:	  

		BOARD DATE:	  27 October 2011

		DOCKET NUMBER:  AR20110009505 


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 award of the Presidential Unit Citation (PUC) (formerly known as the Distinguished Unit Citation), Air Medal (AM), and Armed Forces Reserve Medal (AFRM).  

2.  He states, in effect, that he was informed of award of the PUC when he was transferring and that the information would be added to his records.  He also flew with the 118th Assault Helicopter Company.

3.  He also stated that he would like to be awarded the AFRM.  He entered the Naval Reserve on 8 September 1979 and retired from the U.S. Army Reserve (USAR) on 7 October 1999.    

4.  He provides:

* ASCV Form 131 (Awards and Decorations Qualification)
* Distinguished Unit Citation for Company A, 501st Aviation Battalion, 151st Transportation Detachment, 94th Signal Detachment
* 1999 retirement orders

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.  His military records show he enlisted in the U.S. Marine Corps (USMC) on 19 February 1957.  He was honorably released from active duty on 18 February 1960 and he was transferred to the USMC Reserve.   

3.  He enlisted in the Regular Army on 15 May 1963 for 3 years.  He completed training and was awarded military occupational specialty 68F (Aircraft Electrician).  He served in Vietnam from on or about 30 November 1964 to on or about 26 February 1966 and he was assigned to 151st Transportation Detachment.  

4.  He was honorably released from active duty on 26 February 1966, as an overseas returnee, and he was transferred to the USAR.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) lists the:

* Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Armed Forces Expeditionary Medal (Vietnam) (received in lieu of the Vietnam Service Medal)
* Marksman Marksmanship Qualification Badge with Rifle Bar

6.  There are no orders in the applicant’s military personnel records that show he was awarded the AM.

7.  On 16 June 1972, he was issued a DD Form 215 (Correction of DD Form 214) adding the release date of 26 February 1966, Army Good Conduct Medal, and Republic of Vietnam Campaign Medal with Device 1960.  The DD Form 215 also deleted the Vietnam Service Medal and Republic of Vietnam Gallantry Cross with Palm Unit Citation from Item 26 of his DD Form 214.  

8.  He enlisted in the Texas Army National Guard (TXARNG) on 24 January 1989.  He was honorably discharged from the TXARNG on 10 November 1989 and he was transferred to the USAR Control Group (Reinforcement).  He was placed on the retired list on 7 October 1999.
9.  There is no evidence of any disciplinary action during his period of active Reserve service.  There also is no evidence of a disqualification for the first award of the AFRM.

10.  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 United States Army Human Resources Command, failed to reveal any orders for the Air Medal pertaining to the applicant.

11.  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 his unit, the 151st Transportation Detachment, was cited for award of the:

* PUC for the period 10-13 June 1965 by Department of the Army General Orders (DAGO) Number 43, 1966
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1966 through 26 March 1967 by DAGO Number 22, dated 1968

12.  Army Regulation 600-8-22 (Military Awards) states the AM is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  The award is primarily intended for personnel on flying status, but is also 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 is required.

13.  Army Regulation 600-8-22 also states the AFRM is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components, to include the ARNG, for a period of 10 years.  

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant's unit in Vietnam the PUC and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

2.  The evidence of record shows he enlisted in the TXARNG on 24 January 1989 and was honorably discharged on 10 November 1989.  He was transferred to the USAR.  He was placed on the retired list on 7 October 1999.  His service in the TXARNG and USAR totaled a period of 10 years, 8 months, and 14 days.  Therefore, he met the eligibility requirements for award of the AFRM.  He is therefore entitled to this award and its addition to his DD Form 214.

3.  With respect to the AM, pertinent regulations show that formal recommendations, approval through the chain of command, and announcement in orders are required for award of the AM.  His service records and ADCARS give no indication he was recommended for or awarded the Air Medal.  In view of the circumstances in this case, there is insufficient evidence to award him the AM or to have it added to his DD Form 214.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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 adding to Item 26 of his DD Form 214 ending on 26 February 1966 the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Armed Forces Reserve Medal.

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 its addition to his DD Form 214.



      _______ _   _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)                                         AR20110009505



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ABCMR Record of Proceedings (cont)                                         AR20110009505


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