IN THE CASE OF:	  

		BOARD DATE:	  3 May 2012


		DOCKET NUMBER:  AR20110020704 


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 item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the:

* Army Good Conduct Medal
* Two or three bronze service stars to be affixed to his Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge (CIB)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Grenade Launcher Bar (M-79)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber)
* Second Class Gunner Badge with Machine Gun Bar (M-60)
* Two or three awards of the Air Medal
* Presidential Unit Citation (PUC)
* Meritorious Unit Commendation (MUC)
* Valorous Unit Award (VUA)

2.  He also requests all awards and decorations to which he may be entitled for his service in Vietnam.

3.  The applicant states these awards were left off his DD Form 214 when he left Vietnam and the Army.

4.  The applicant provides:

* DD Form 214
* Service personnel records 
* DA Form 20 (Enlisted Qualification Record)

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 enlisted in the Regular Army on 17 February 1971 for a period of 2 years.  He arrived in Vietnam on 17 September 1971.  He served as a light weapons infantryman assigned to Company A, 1st Battalion, 327th Infantry, in Vietnam from 3 October 1971 to 8 January 1972.  On 16 November 1972, he was released from active duty in the rank of specialist four after completing 1 year and 9 months of creditable active service with no lost time.

3.  Item 24 of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

4.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

5.  Records show he participated in two campaigns during his assignment in Vietnam.

6.  Orders, dated 13 April 1971, show he received the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

7.  He provided special orders, dated 13 August 1971, which show he qualified:

* Sharpshooter with the M-79 Grenade Launcher
* Expert with the .45 caliber pistol
* Second Class Gunner with the M-60 Machine Gun

8.  Orders, dated 26 November 1971, show he received the CIB.

9.  There are no orders for the Air Medal in the available records.

10.  Item 41 (Decorations and Awards) of his DA Form 20 does not show the Air Medal.

11.  A 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 U.S. Army Human Resources Command, failed to reveal any orders for award of the Air Medal. 

12.  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 1st Battalion, 327th Infantry, at the time of his assignment, was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 6, dated 1974

13.  Department of the Army Pamphlet 672-3 shows the applicant's unit was not cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, PUC, MUC, or VUA while he was assigned to it.

14.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.
15.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

16.  Army Regulation 600-8-22 states the Republic of Vietnam Civil Actions First Class Unit Citation is awarded by the Vietnamese government for meritorious service.

17.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided, in pertinent part, 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.

18.  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.

19.  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 time and adjust it to a common denominator.

20.  Army Regulation 600-8-22 states the PUC is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 
21.  Army Regulation 600-8-22 states the MUC is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  

22.  Army Regulation 600-8-22 states the VUA is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the PUC.  Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

DISCUSSION AND CONCLUSIONS:

1.  He was released from active duty in the rank of specialist four with 21 months of creditable active service with no lost time.  His records also show he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary action or a commander's disqualification.  It appears he met the eligibility criteria for the Army Good Conduct Medal (1st Award) for the period 
17 February 1971 through 16 November 1972 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

2.  He participated in two campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with two bronze service stars.  His DD Form 214 should be corrected to show these awards.

3.  His Vietnam unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  His DD Form 214 should be corrected to show this unit award.

4.  His Vietnam unit was not cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, PUC, MUC, or VUA while he was assigned to it.  Therefore, there is insufficient evidence on which to amend his DD Form 214 to show these unit awards.

5.  Orders show he received the CIB.  His DD Form 214 should be corrected to show this badge.

6.  Orders show he received the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Orders also show he qualified sharpshooter with the M-79 Grenade Launcher, expert with the .45 caliber pistol, and Second Class Gunner with the M-60 Machine Gun.  His DD Form 214 should be corrected to show the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Grenade Launcher Bar (M-79), Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber), and the Second Class Gunner Badge with Machine Gun Bar (M-60).  
 
7.  There are no orders for the Air Medal in the available records.  Therefore, there is insufficient evidence on which to add award of the Air Medal to his 
DD Form 214.

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 Army Good Conduct Medal (1st Award) for the period 
17 February 1971 through 16 November 1972; and

	b.  adding the Army Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, CIB, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Grenade Launcher Bar (M-79), Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber), Second Class Gunner Badge with Machine Gun Bar (M-60), and two bronze service stars for wear on his already-awarded Vietnam Service Medal to item 24 of his DD Form 214.   
 
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 adding the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Air Medal, PUC, MUC, or VUA to item 24 of 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)                                         AR20110020704



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ABCMR Record of Proceedings (cont)                                         AR20110020704



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