IN THE CASE OF:	  

		BOARD DATE:	  21 February 2012

		DOCKET NUMBER:  AR20110016029 


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, in effect, correction of the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of her husband, a deceased former service member (FSM), to show the Silver Star, Air Medal (AM) with 22 Oak Leaf Clusters, and Army Commendation Medal (ARCOM) with "V" Device.

2.  She states the FSM had physical proof of the awards, but they are not listed on his DD Form 214.  He was never aware of the error, but she found the mistake after he died.

3.  She provides:

* a death certificate
* the FSM's DD Form 214
* orders awarding him the ARCOM with "V" Device
* two AM Certificates 
* an AM Citation 
* a letter from the U.S. Department of Veterans Affairs (VA) Readjustment Counseling Service, Hartford, CT

CONSIDERATION OF EVIDENCE:

1.  The FSM was inducted into the Army of the United States on 17 January 1968.  After completing initial entry training, he was awarded military occupational specialty 67A (Aircraft Maintenance Apprentice) and assigned to duty in Vietnam.

2.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service) he was credited with service in Vietnam from 14 July 1968 to 22 August 1969
* item 38 (Record of Assignments) he was assigned for duty in Vietnam with:

* Company B, 227th Aviation Battalion, 1st Air Cavalry Division, from 18 July to 31 August 1968
* Company C, 227th Aviation Battalion, 1st Air Cavalry Division, from 1 September 1968 to 19 August 1969

* item 38 he received all "excellent" conduct and efficiency ratings

3.  Item 41 of his DA Form 20 does not show he was awarded the Silver Star or the AM.

4.  Headquarters, 1st Air Cavalry Division, issued the following orders pertaining to the FSM:

	a.  Special Orders (SO) Number 309, dated 4 November 1968, authorized permanent award of the Aircraft Crewman Badge (currently known as the Aviation Badge);

	b.  General Orders (GO) Number 8479, dated 10 July 1969, announced award of the ARCOM to him for meritorious service from August 1968 to August 1969;

	c.  GO 9465, dated 4 August 1969, announced award of the AM to him for meritorious achievement from July 1968 to August 1969; and

	d.  GO 14760, dated 21 November 1969, announced award of the ARCOM with "V" Device to him for his heroism on 1 July 1969.

5.  He was honorably released from active duty on 23 August 1969 by reason of early separation of an overseas returnee.  He completed 1 year, 7 months, and 7 days of total active service.  

6.  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
* Vietnam Service Medal (VSM)
* Vietnam Campaign Medal
* two Overseas Service Bars
* Expert Marksmanship Qualification Badge (M-16 and M-14 Rifles)

7.  His official military personnel file does not contain orders awarding him the Silver Star or additional awards of the AM.  

8.  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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding the Silver Star or additional awards of the AM to him.

9.  The applicant provides:

* two AM Certificates, dated 4 August 1969 and 12 August 1969, showing he was awarded the AM for the period July 1968 to August 1969
* an AM Citation showing was awarded the AM (1st through 22d Oak Leaf Clusters) for the period August 1968 to July 1969
* a letter from a VA Readjustment Counseling Specialist indicating the FSM was awarded a Silver Star, an ARCOM, and "several Air Medals"

10.  Army Regulation 600-8-22 (Military Awards) states the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  

11.  Army Regulation 600-8-22 states all personal decorations, including the Silver Star and AM, require formal recommendations, approval through the chain of command, and announcement in orders.

12.  Army Regulation 600-8-22 states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the ARCOM.

13.  A review of the available records indicates entitlement to additional awards and decorations not shown on the FSM's DD Form 214.
14.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  

15.  The FSM's record shows he received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for being derelict in the performance of his duties on 4 February 1969 in that he failed to report to his alert position during a red alert.  

16.  His record is void of documentation showing he received a commander's disqualification for award of the AGCM.  

17.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with four campaigns:

* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69/Counteroffensive (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

18.  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 227th Aviation Battalion was cited for award of the:

* Valorous Unit Award (VUA) for heroism on 6 March 1969, by Department of the Army GO (DAGO) Number 39, dated 1970
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969, by DAGO 59, dated 1969
* RVN Gallantry Cross with Palm Unit Citation for the period May 1969 to February 1970, by DAGO 42, dated 1972 as amended by DAGO 11, dated 1973
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to 1 February 1970, by DAGO 42, dated 1972


DISCUSSION AND CONCLUSIONS:

1.  The applicant provides a VA letter indicating the FSM had received the Silver Star.  This portion of the letter is not corroborated by any available records.  In the absence of orders awarding him the Silver Star, there is an insufficient documentary basis for correcting his DD Form 214 to show this award. 

2.  GO awarded the FSM the AM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.  

3.  The applicant provides an AM Citation indicating the FSM was awarded the AM (22d Oak Leaf Cluster), and the VA letter she provides indicates he received "several Air Medals."  It is probable that the FSM received multiple awards of the AM while assigned to an aviation company in Vietnam.  Unfortunately, the available records do not include orders or other documentation confirming the information on the citation provided by the applicant.  In the absence of orders or other official documentation confirming he received additional awards of the AM, there is an insufficient basis for correcting his DD Form 214 to show these awards.

4.  SO authorized the FSM permanent award of the Aircraft Crew Member Badge.  Therefore, he is entitled to correction of his DD Form 214 to show this badge (as the Aviation Badge).

5.  GO awarded him the ARCOM for meritorious service and the ARCOM with "V" Device for heroism.  Therefore, he is entitled to correction of his DD Form 214 to show the ARCOM with "V" Device and with one Oak Leaf Cluster.

6.  He was awarded the VSM and he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear on the previously-awarded VSM.

7.  The FSM received all "excellent" conduct and efficiency ratings throughout his service.  Although his record shows one instance of NJP, it was for a relatively minor infraction.  There is no record of conviction by court-martial and no record of a commander's disqualification for award of the AGCM.  In light of his overall record of service, it would be appropriate to award him the first award of the AGCM based on completion of a qualifying period of active Federal service from 17 January 1968 to 23 August 1969 and to correct his DD Form 214 to show this award.

8.  He was assigned to a unit in Vietnam during a period for which it was cited once for award of the VUA, twice for award of the RVN Gallantry Cross with Palm Unit Citation, and once for award of the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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 AGCM (1st Award) for the period 17 January 1968 to 23 August 1969;

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

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

* AM
* ARCOM with one Oak Leaf Cluster and with "V" Device
* AGCM (1st Award)
* VSM with four bronze service stars
* Aviation Badge
* VUA
* RVN Gallantry Cross with Palm Unit Citation (2d Award)
* RVN Civil Actions Honor Medal First Class 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 to the Silver Star and AM with 22 Oak Leaf Clusters.  
      
      
      
      _______ _   __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)                                         AR20110016029



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ABCMR Record of Proceedings (cont)                                         AR20110016029



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