IN THE CASE OF:	  

		BOARD DATE:  6 March 2012

		DOCKET NUMBER:  AR20110016149 


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 additional awards of the Air Medal and any other unit and campaign awards he is entitled to based on his service in Vietnam.

2.  The applicant states he believes he earned more than one Air Medal while in Vietnam.  He is not sure of the criteria used for the Air Medal, but he was on helicopters going to the field hundreds of times during his tour.  He has spoken to other veterans who have earned more than he did.  Additionally, while attached to the mobile riverine force, he is sure his unit earned additional medals and campaign ribbons which are not listed on his DD Form 214.  He would like to receive an updated copy of this document.  He is proud of his service record.  He risked his life defending the United States of America and he was an infantry squad leader in Vietnam.  He earned everything, no shortcuts from this veteran.  He does not have any hard evidence, but his military record is his evidence.

3.  The applicant provides no additional evidence.

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 1 February 1966.  He completed training and he was awarded military occupational specialty 11H (Infantry Direct Fire Crewman).  

3.  On 8 June 1966, he accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for being absent without leave from 3 to 6 June 1966.

4.  He served in Vietnam from 1 December 1966 to 23 November 1967.  He was assigned to:

* Company C, 3rd Battalion, 60th Infantry, 9th Infantry Division, from 1 December 1966 through 14 August 1967
* Company C, 3rd Battalion, 47th Infantry, 9th Infantry Division, from 15 August to 23 November 1967

5.  General Orders Number 5559, issued by Headquarters, 9th Infantry Division, dated 24 October 1967, awarded him the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 22 March to
21 July 1967.

6.  He was honorably released from active duty as an overseas returnee on
23 November 1967 in the rank/grade of sergeant (SGT)/E-5.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* 
Air Medal
* Army Commendation Medal
* Combat Infantryman Badge

8.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  There is also no evidence of a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.

9.  Item 41 (Awards and Decorations) of his DA Form 20 lists the same awards as shown on his DD Form 214, in addition to the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

10.  His record does not contain any evidence, orders, or citations for any additional awards of the Air Medal.

11.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  the Air Medal 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 will also be awarded to those personnel whose combat duties requires 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.

	b.  paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It further states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

12.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  It stated:

	a.  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.

	b.  Combat missions were divided into three categories.

* A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force or delivery of friendly troops or supplies into the immediate combat operations area

* A category II mission was characterized by support rendered a friendly force immediately before, during, or immediately following a combat operation

* A category III mission was characterized by support of friendly forces not connected with an immediate combat operation but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire or under hazardous weather or terrain conditions

	c.  To be recommended for award of the Air Medal, an individual must have completed a minimum of 25 category I missions, 50 category II missions, or 100 category III missions.  Since various types of missions would have been completed in accumulating flight time toward award of an Air Medal for sustained operations, different computations would have had to be made to combine category I, II, and III flight times and adjust it to a common denominator.

13.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 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.  There must have been 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 units to which the applicant was assigned were cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 through 30 June 1968 by Department of Army General Orders (DAGO) Number 31, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by DAGO Number 59, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant received all "excellent" conduct and efficiency ratings during his service in the Army.  There is evidence of minor indiscipline in 1966 (NJP on one occasion during his service); however, this minor indiscipline should not overshadow his achievements while he served in Vietnam.  While in the Army, he attained the rank/grade of SGT/E-5, served in Vietnam, and he was awarded the Army Commendation Medal and the Air Medal for meritorious achievement.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 1 February 1966 through 23 November 1967 and to correct his DD Form 214 to show this award.

2.  Records show he was awarded the Expert Marksmanship Badge with Rifle Bar (M-16).  Therefore, his DD Form 214 should be corrected to show this award.

3.  The evidence also confirms he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  His units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  There is no evidence of record and he did not provide any evidence to show he met the criteria for additional awards of the Air Medal.  Pertinent regulations show that formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Air Medal.  His service record only contains orders awarding him the Air Medal for his service from
22 March to 21 July 1967.  There is no evidence he was recommended for awarded any additional awards of the Air Medal during his period of service.  Therefore, 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 all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
1 February 1966 through 23 November 1967; and

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam 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 additional awards of the Air Medal and their 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)                                         AR20110016149



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ABCMR Record of Proceedings (cont)                                         AR20110016149



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