IN THE CASE OF:	  

		BOARD DATE:	  18 October 2011

		DOCKET NUMBER:  AR20110012076 


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 Air Medal
* correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Air Medal and any other awards he may have earned
* issuance of the:

* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The applicant states his DD Form 214 does not show all his awards.

3.  The applicant provides his DD Form 214 and a statement from his former commanding officer.

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 16 May 1968.  He held military occupational specialty 11B (Light Weapons Infantryman). 
He served in Vietnam from 13 October 1968 to 31 July 1969.  He was assigned to Company D, 2nd Battalion, 8th Cavalry, 1st Cavalry Division.

3.  Special Orders Number 167, issued by Headquarters, U.S. Army Training Center, Fort Campbell, KY, dated 3 July 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Special Orders Number 183, issued by Headquarters, 2nd Advanced Individual Training Brigade, U.S. Army Training Center, Infantry, Fort Ord, CA, dated 6 September 1968, awarded him the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60).

5.  Special Orders Number 185, issued by Headquarters, 2nd Advanced Individual Training Brigade, U.S. Army Training Center, Infantry, Fort Ord, CA, dated 9 September 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  Headquarters, 1st Cavalry Division, published the following general orders (GO) or special orders (SO):

* SO Number 14, dated 14 January 1969, awarded him the Combat Infantryman Badge
* GO Number 127, dated 14 May 1969, awarded him the Purple Heart for wounds received in action on 12 May 1969
* GO Number 7420, dated 11 June 1969, awarded him the Bronze Star Medal for meritorious service

7.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 15 May 1970.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Purple Heart

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his tenure with the 2nd Battalion, 8th Cavalry, this unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 January 1969 to 1 February 1970 based on Department of the Army GO Number 42, dated 1972.

9.  A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal 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.  He submits a statement from his former commanding officer who states the applicant was a member of the company at the time and he was involved in many combat assaults, including insertions and extractions from hot landing zones.  It was the policy of the 1st Cavalry Division at the time to award the Air Medal for each trooper involved in airmobile operations.  This was done to avoid a detailed log of time involved in combat operations, combat support operations, and other operations leading to award of the Air Medal.  He attests that the applicant met the requirements for this award.

12.  His records do not contain official orders awarding him the Air Medal.  Additionally, item 41 (Awards and Decorations) of his DA Form 20 does not reflect the Air Medal.

13.  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 the Air Medal.

14.  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.

15.  U.S. Army Vietnam Regulation 672-1 (Unit Citation and Campaign Participation Credit Register) 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.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Bronze Star Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  GO awarded his unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  SO awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60), none of which are shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

4.  He served honorably from 16 May 1968 through 15 May 1970.  He completed a combat tour of duty in Vietnam, attained the rank/grade of SP4/E-4, and received "excellent" efficiency and conduct ratings throughout his military service. 
Lacking any derogatory information on file that would have disqualified him from receiving the first award of the Army Good Conduct Medal, it would be appropriate to award the applicant the Army Good Conduct Medal at this time and to correct his records to show this award.

5.  With respect to the Air Medal, notwithstanding the former commanding officer's statement, in the absence of other independent evidence that would confirm he completed the number of missions necessary to be awarded the Air Medal, there is insufficient evidence upon which to base award of the Air Medal in this case.

6.  With respect to issuing replacement medals, the ABCMR corrects records; the Board does not issue medals or badges.  For Army personnel, requests for the issuance or replacement of military service medals, decorations, awards, badges, and corresponding accouterments should be directed to the National Personnel Records Center (NPRC).  The NPRC will verify the awards to which a veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals.  Written requests with appropriate supporting evidence may be addressed to:  NPRC, 1 Reserve Way, St. Louis, MO  63132-5100.  Once verified, the replacement medals and devices are shipped to the veteran by the U.S. Army Tank Automotive and Armaments Command, Clothing and Heraldry, Post Office Box 57997, Philadelphia, PA  19111.

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 16 May 1968 through 15 May 1970
* adding to his DD Form 214 the:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)

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 the Air Medal or issuing replacement medals.



      _______ _   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)                                         AR20110012076



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110012076



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1