IN THE CASE OF:	  

		BOARD DATE:	  10 November 2011

		DOCKET NUMBER:  AR20110009944 


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 45 Oak Leaf Clusters and "V" Device (for heroism on three occasions) and the Republic of Vietnam Gallantry Cross with Bronze Star.

2.  The applicant states his DD Form 214 only shows one award of the Air Medal and does not show the Republic of Vietnam Gallantry Cross with Bronze Star.

3.  The applicant provides copies of six documents (i.e., two orders, two certificates, and two citations) showing he was awarded the Air Medal (45th Oak Leaf Cluster) with "V" Device and 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 enlisted in the Regular Army on 17 November 1965.  Upon completion of training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was subsequently awarded MOS 67A (Aircraft Maintenance Apprentice).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 29 (Qualification in Arms) he qualified:

* Sharpshooter with the M-14 Rifle on 29 April 1966
* Expert with the M-60 Machinegun on 7 July 1966
* Sharpshooter with the M-16 Automatic Rifle on 1 July 1966

	b.  item 31 (Foreign Service) Republic of Vietnam (RVN) from 13 September 1966 through 21 August 1968;

   c.  item 38 (Record of Assignments) he was assigned to the:

    	(1)  68th Assault Helicopter Company, from 27 September 1966 through 19 August 1968, and

    	(2)  he received "excellent" conduct and efficiency ratings throughout his service, except for the period 1 to 4 April 1966 when he was en route to his new unit and he received a rating of "unknown";

	d.  item 41 (Awards and Decorations), in pertinent part, the Air Medal
(28th Oak Leaf Cluster) with "V" Device; it does not list the Republic of Vietnam Gallantry Cross with Bronze Star.

4.  General orders (GO) issued by Headquarters, 1st Aviation Brigade [RVN], show the applicant was awarded the:

* Air Medal for meritorious achievement from 2 to 25 October 1966 by
GO Number 113, dated 10 January 1967
* Air Medal (1st thru 6th Oak Leaf Clusters) for meritorious achievement from 1 November 1966 to 20 January 1967 by GO Number 926, dated
17 March 1967
* Air Medal (7th thru 12th Oak Leaf Clusters) for meritorious achievement from 20 January to 1 April 1967 by GO Number 1279, dated 14 April 1967
* Air Medal (13th Oak Leaf Cluster) with "V" Device for heroism while engaged in aerial flight on 19 March 1967 by GO Number 2226, dated
6 June 1967
* Air Medal (14th thru 17th Oak Leaf Clusters) for meritorious achievement from 16 April to 25 May 1967 by GO Number 2387, dated 9 June 1967
* Air Medal (18th thru 20th Oak Leaf Clusters) for meritorious achievement from 26 May to 24 June 1967 by GO Number 3574, dated 27 July 1967
* Air Medal (21st thru 24th Oak Leaf Clusters) for meritorious achievement from 24 June to 13 August 1967 by GO Number 4229, dated 7 September 1967
* Air Medal (25th Oak Leaf Cluster) for meritorious achievement from
13 August to 6 September 1967 by GO Number 4499, dated
25 September 1967
* Air Medal (26th Oak Leaf Cluster) for meritorious achievement from
6 September to 10 October 1967 by GO Number 426, dated 30 January 1968
* Air Medal (27th Oak Leaf Cluster) with "V" Device for heroism while engaged in aerial flight on 16 March 1968 by GO Number 3998, dated
21 June 1968
* Air Medal (29th thru 45th Oak Leaf Clusters) for meritorious achievement from 22 January to 22 July 1968 by GO Number 7700, dated
19 November 1968

5.  A review of the applicant's military personnel records failed to show any evidence that he was awarded or authorized to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star.

6.  A DA Form 2627-1 (Record of Proceedings Under Article 15, UCMJ [Uniform Code of Military Justice]) shows the applicant received nonjudicial punishment (NJP) for wrongfully appropriating a Government vehicle on 11 August 1968.

7.  Headquarters, 1st Aviation Brigade, GO Number 5505, dated
11 August 1968, awarded the applicant the Army Commendation Medal for meritorious service in the RVN from September 1966 to August 1968.

8.  His DD Form 214 shows the applicant was honorably released from active duty on 27 August 1968 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  He completed 2 years,
9 months, and 9 days of net active service.  It shows in:

   a.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Air Medal, Army Commendation Medal, Purple Heart, and Rifle Badge; and


   b.  item 26a (Non-Pay Periods Time Lost) "None."

9.  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, failed to reveal orders for any other additional individual decorations.

10.  A review of the available evidence reveals he may be authorized additional awards that are not shown on his DD Form 214.

11.  Special orders (SO) issued by Headquarters, Fort Polk, Fort Polk, Louisiana, show the applicant was awarded the:

* Expert (Gunner) Marksmanship Qualification Badge with Machinegun
(M-60) Bar by SO Number 195, dated 29 July 1966
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle
(M-16) Bar by SO Number 198, dated 2 August 1966

12.  Army Regulation 600-8-22 (Military Awards):

   a.  Paragraph 2-13 contains the regulatory guidance for the Vietnam Service Medal.  It states that one bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.

   b.  Table B-1 contains a list of Vietnam Conflict campaigns and shows that during the applicant's service in Vietnam from 13 September 1966 to 21 August 1968, participation credit was awarded for the following five campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* 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)

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant's assignment to the 68th Assault Helicopter Company, the company was awarded the:

* Valorous Unit Award for actions on 19 March 1967 by Department of the Army General Orders (DAGO) Number 17 (1968)


* Meritorious Unit Commendation for the period 1 January to 31 December 1967 by DAGO Number 48 (1968)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1966 to 26 March 1967 by and DAGO Number 22 (1968) and for the period 27 March 1967 to 17 May 1968 by DAGO Number 21 (1969)

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who completed a qualifying 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

15.  Army Regulation 600-8-22 provides the policy, criteria, and administrative instructions concerning military awards and decorations. It states Arabic numerals are now used instead of Oak Leaf Clusters for the second and succeeding awards of the Air Medal.  For example, the numeral 2 denotes the second award of the Air Medal.

16.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) stated that the Republic of Vietnam Gallantry Cross as a personal decoration was awarded to personnel who conducted themselves with heroic action and displayed deeds of valor while fighting the enemy.  The more gallant and noteworthy the act, the higher the level of the award.  This decoration was awarded in four degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze Star.  Approval to accept and to wear a personal award of the Republic of Vietnam Gallantry Cross required approval by the Commanding General of United States Army, Vietnam.  As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration.

17.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states for item 24:  list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show the Air Medal with 45 Oak Leaf Clusters and "V" Device and the Republic of Vietnam Gallantry Cross with Bronze Star.

2.  There is no evidence of record that shows the applicant was awarded or authorized to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star.  Therefore, he is not entitled to correction of his records to show this foreign decoration.

3.  General orders awarded the applicant the Air Medal (45th Oak Leaf Cluster) with "V" Device (i.e., 46 awards).  Arabic numerals are now used instead of Oak Leaf Clusters for the second and succeeding awards of the Air Medal.  Therefore, the applicant's DD Form 214 should be corrected to show the Air Meal with Numeral "46" and "V" Device. 

4.  The applicant served a qualifying period of active duty enlisted service for the Army Good Conduct Medal (1st Award) from 17 November 1965 to 27 August 1968.

   a.  He received "excellent" conduct and efficiency ratings during his service, except for ratings of "unknown" for a 4-day period, which are not disqualifying.

   b.  The applicant received NJP on 14 August 1968 for a minor offense.

   c.  The applicant received the Army Commendation Medal for meritorious service from September 1966 to August 1968.

   d.  There is no evidence of a commander's disqualification for the Army Good Conduct Medal (1st Award).

   e.  Despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal (1st Award) at the time of the applicant's separation processing, based on the available evidence, it would be appropriate to award the applicant this medal.

5.  Records show the applicant participated in five campaigns during his service in the RVN.  Therefore, he is entitled to 1 silver service star for wear on his already-awarded Vietnam Service Medal.


6.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Machinegun (M-60) Bar and Sharpshooter Marksmanship Qualification Badge with Automatic Rifle (M-16) Bar.  In addition, records show he qualified Sharpshooter with the M-14 Rifle.

7.  General orders awarded the applicant's unit the Valorous Unit Award, Meritorious Unit Commendation, and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8.  Despite the absence of orders or other evidence showing the applicant was wounded in action in the RVN and awarded the Purple Heart, no action is being taken to delete the Purple Heart from item 24 of his DD Form 214, at this time.

9.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations 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:

   a.  awarding him the Army Good Conduct Medal (1st Award) for the period
17 November 1965 through 27 August 1968;

   b.  deleting the "Vietnam Service Medal, Air Medal, and Rifle Badge" from item 24 of his DD Form 214; and
   
   c.  adding to item 24 of his DD Form 214 the:

* Air Medal with Numeral "46" and "V" Device
* Army Good Conduct Medal (1st Award)


* Vietnam Service Medal with 1 silver service star
* Expert Marksmanship Qualification Badge with Machinegun (M-60) Bar
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle (M-16) and Rifle (M-14) Bars
* Valorous Unit Award
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)

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 the Republic of Vietnam Gallantry Cross with Bronze Star.



      ____________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)                                         AR20110009944



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ABCMR Record of Proceedings (cont)                                         AR20110009944



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