IN THE CASE OF:	  

		BOARD DATE:	  21 February 2012

		DOCKET NUMBER:  AR20110015158 


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 the Bronze Star Medal and the Air Medal.

2.  The applicant states both awards were received after he left Vietnam.  They never caught up to his records.

3.  The applicant provides:

* General Orders (GO) Number 4863, issued by Headquarters, 1st Cavalry Division, dated 15 June 1968
* Citation for award of the Air Medal
* 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 4 October 1966 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  He served in the Republic of Vietnam from 20 March 1967 to 13 January 1968.  He was assigned to:

* Company D, 2nd Battalion, 8th Cavalry, 1st Cavalry Division from 26 March 1967 through 11 December 1967
* 15th Administration Company, 1st Cavalry Division from 12 December 1967 to 13 January 1968

4.  GO Number 4863 awarded him the Bronze Star Medal with "V" Device for heroism in Vietnam on 6 October 1967.

5.  He submitted a citation for award of the Air Medal for meritorious achievement while participating in sustained aerial flight in support of combat ground forces in the Republic of Vietnam during the period March 1967 to December 1967.  However, no accompanying official orders were provided and his records do not contain official orders awarding him the Air Medal.  Additionally, no flight record is available in his service records.

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not list the Air Medal.

7.  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.

8.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 3 October 1968.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* 
Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* One overseas service bar
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* First Class Gunner (Sharpshooter Marksmanship Qualification) Badge with Machinegun Bar (M-60)

9.  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.

10.  U.S. Army Vietnam Regulation 672-1 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.

11.  A review of the applicant's record reveals his entitlement to additional awards which are not shown on his DD Form 214.

12.  A review of his service record shows no derogatory information or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military service.

13.  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.

14.  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 2nd Battalion, 8th Cavalry, the unit to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through
19 May 1969 by Department of the Army General Orders (DAGO) Number 59, dated 1969

15.  Department of the Army Pamphlet 672-3 further shows the
15th Administration Company was cited for award of the Meritorious Unit Commendation for the period 1 October 1967 through 30 June 1969 by DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Bronze Star Medal with "V" Device for heroism.  Therefore, his DD Form 214 should be corrected to show this award.

2.  He served honorably during the period 4 October 1966 through 3 October 1968.  He served in combat in Vietnam, attained the rank/grade of SGT/E-5, and received all "excellent" efficiency and conduct ratings throughout his military service.  Lacking any derogatory information or a commander's disqualification on file that would have precluded him from receiving the Army Good Conduct Medal, it would be appropriate at this time to award him the first award of the Army Good Conduct Medal and to correct his DD Form 214 to show this award.

3.  His units in Vietnam were cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  With respect to the Air Medal, there are no general orders available showing the applicant was awarded the Air Medal.  The governing regulation requires a formal recommendation, approval through the chain of command, and announcement in orders for award of the Air Medal.  In the absence of orders or other independent evidence that would confirm he completed the number of missions necessary to be awarded the Air Medal, there is an insufficient evidentiary basis for granting this portion of his request.

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 the 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
4 October 1966 through 3 October 1968, and

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

* Bronze Star Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 adding the Air Medal 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)                                         AR20110015158



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ABCMR Record of Proceedings (cont)                                         AR20110015158



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