IN THE CASE OF:	  

		BOARD DATE:  22 March 2012

		DOCKET NUMBER:  AR20110017852 


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 add the Air Medal (AM) and Combat Infantryman Badge (CIB).

2.  The applicant states an AM Citation was waiting for him upon his return to Fort Bragg, North Carolina, from the Republic of Vietnam (RVN).  He subsequently lost the citation and the AM is not included on his DD Form 214.  He states he flew over 100 combat missions as a light infantryman in an air cavalry unit.  He also states he did not receive his CIB the last time he requested his medals.

3.  The applicant provides no additional evidence in support of his application.

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's record shows he was inducted into the Army of the United States on 29 August 1967 and was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was promoted to specialist four/E-4 (SP4/E-4) on 12 June 1968 and this is the highest rank he attained while serving on active duty.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 13 February 1968 through 9 February 1969.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Troop D, 7th Squadron, 17th Cavalry Regiment, performing duties in MOS 11B as a rifleman.  Item 38 also shows he received "excellent" conduct and efficiency ratings in all of his active duty assignments.  Item 41 (Awards and Decorations) shows the applicant was awarded the Purple Heart (PH) for being wounded in action on 24 April 1968.  The AM and CIB are not included in the list of awards in item 41.

4.  The applicant's Military Personnel Records Jacket (MPRJ) contains Headquarters, 17th Combat Aviation Group, General Orders Number 32, dated 17 May 1968, which awarded the applicant the PH for being wounded in action in the RVN on 24 April 1968 and Headquarters, U.S. Army Vietnam (USARV) Special Orders Number 165, dated 13 June 1968, which awarded the applicant the CIB.  The applicant's MPRJ does not contain orders awarding the AM.  His MPRJ is also void of any derogatory information or a unit commander's disqualification that would preclude award of the Army Good Conduct Medal (AGCM).

5.  On 28 August 1969, the applicant was honorably released from active duty in the rank of SP4/E-4 after completing 2 years of active military service.  The DD Form 214 he was issued at the time shows he earned the following awards:

* National Defense Service Medal
* PH
* Vietnam Service Medal (VSM)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* RVN Campaign Medal

6.  A review of the unit history for Troop D, 7th Squadron, 17th Cavalry Regiment, shows it was a cavalry reconnaissance troop that served in the RVN from October 1967 to April 1972 with many different combat brigades and divisions as the reconnaissance arm and participated in continuous air reconnaissance missions supplying mounted cavalry reconnaissance and an aero-rifle platoon reaction force to the effort throughout the period.  The unit's independence gave commanders in the III Corps tactical zone firepower and mobility on a moment's notice.

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance on the VSM and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of RVN campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the following campaigns for the periods indicated:

* 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)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)

8.  Paragraph 3-16 of Army Regulation 600-8-22 contains guidance on the AM.  It states the AM is awarded to members who distinguished themselves by meritorious achievement while participating in aerial flight.  Awards may be made to recognize single acts of merit or heroism or single acts of merit (achievement) are authorized for acts of a lesser degree than required for the Distinguished Flying Cross.  Awards for meritorious service are authorized for sustained distinction in the performance of duties involving regular and frequent participation in aerial flight for a period of at least 6 months.  The AM must be recommended and approved by the proper award approval authority.

9.  Army Regulation 600-8-22 further stipulates that award of the AM is primarily intended to recognize those personnel who are on current crewmember or non-crewmember flying status which requires them to participate in aerial flight on a regular and frequent basis in the performance of their primary duties.  However, it may also be awarded to certain other individuals whose combat duties require regular and frequent flying in other than a passenger status or individuals who perform a particularly noteworthy act while performing the function of a crewmember, but who are not on flying status.  These individuals must make a discernible contribution to the operational land combat mission or to the mission of the aircraft in flight.  Examples of personnel whose combat duties require them to fly include those in the attack elements of units involved in air-land assaults against an armed enemy and those directly involved in airborne command and control of combat operations.  Involvement in such activities, normally at the brigade/group level and below, serves only to establish eligibility for award of the AM.  The degree of heroism, meritorious achievement, or exemplary service determines who should receive the award.

10.  USARV Regulation 672-1 (Decorations and Awards) provided local USARV awards policy.  It also established guidelines for award of the AM in the RVN.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  Combat missions were divided into three categories:  category I (air assault and equally dangerous missions), category II (support rendered a friendly force immediately before, during or immediately following a combat operation), and category III (support of friendly forces not connected with an immediate combat operation).  USARV Regulation 672-1 stipulated that an individual must have completed a minimum of 25 category I missions, 50 category II missions, or 100 category III missions to be recommended for award of the AM.

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant's unit (Troop D, 7th Squadron, 17th Cavalry Regiment) received the following awards for the periods indicated and authorized in the Department of the Army general orders (DAGO) identified:

* RVN Gallantry Cross with Palm Unit Citation (19 June 1968-31 July 1970), DAGO 51, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation (12 December 1966-31 August 1970), DAGO 51, dated 1971

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the 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.  There must have been no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the AM and CIB should be added to his DD Form 214 has been carefully considered and found to have merit.  CIB orders are on file in the applicant's record and therefore the CIB should be added to his DD Form 214.
2.  The applicant's record is void of AM orders or other documentation indicating it was ever recommended or awarded; however, by regulation, eligibility for the AM is established for members whose combat duties require them to fly, which includes those in the attack elements of units involved in air-land assaults against an armed enemy and those directly involved in airborne command and control of combat operations.  Given the applicant's unit was continuously involved in aerial combat missions during his assignment tenure, it is reasonable to conclude he participated in the necessary 25 category I (air assault and equally dangerous missions) missions to qualify for the award.  Notwithstanding the absence of flight records or award orders, it would be appropriate to err in favor of the applicant and to award him the AM based on his meritorious achievement in aerial flight while serving in the RVN and to add this award to his DD Form 214.

3.  The evidence of record also confirms the applicant received "excellent" conduct and efficiency ratings in all of his active duty assignments.  Further, his record is void of derogatory information or a unit commander's disqualification that would have precluded award of the AGCM.  Therefore, it would be appropriate to award him the AGCM (1st Award) for his qualifying period of honorable active duty service from 29 August 1967 through 28 August 1969 and to add this award to his DD Form 214.

4.  The evidence of record also confirms that based on his RVN service and campaign participation he is eligible for the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation Unit Citation, and four bronze service stars with his already- awarded VSM.  Therefore, it would also be appropriate to add these awards to his DD Form 214.

BOARD VOTE:

___X____  ___X ___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for 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 AM for his meritorious achievement while participating in aerial flight during the period 1 March 1968-8 February 1969;

	b.  awarding him the AGCM for his qualifying period of honorable active duty service from 29 August 1967 through 28 August 1969;

	c.  deleting the current VSM entry from his DD Form 214; and

	d.  adding the AM, AGCM, VSM with four bronze service stars, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and CIB 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)                                         AR20110017852



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ABCMR Record of Proceedings (cont)                                         AR20110017852



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