IN THE CASE OF:	  

		BOARD DATE:	  15 May 2012

		DOCKET NUMBER:  AR20110021925 


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:

* Bronze Star Medal
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit citation
* Air Medal

2.  The applicant states he received the BSM after he was discharged early to attend school but it was too late to add the award since his DD Form 214 had already been issued.  Additionally, a fellow veteran he served with in Vietnam had the Air Medal and two unit citations on his DD Form 214; they were in the same unit.  He participated in a number of combat assaults by helicopter with this fellow veteran and there is a possibility he earned an Air Medal

3.  The applicant provides General Orders (GOs) Number 14137, dated 30 November 1969, which awarded him the Bronze Star Medal with accompanying certificate and citation, and his 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 7 August 1968.  He completed basic combat and advanced individual training and was awarded the military occupational specialty 11B (Infantryman).  The highest rank/grade he attained while serving on active duty was specialist four/E-4.

3.  He served in Vietnam from 9 January 1969 to 5 January 1970.  He was assigned to:

* Company A, 2nd Battalion (Air Mobile), 502nd Infantry Brigade, from 15 February 1969 to 5 October 1969
* Headquarters and Headquarters Company (HHC), 1st Brigade, 101st Airborne Division (Air Mobile), from 6 October 1969 to 5 January 1970

4.  GOs Number 14137, issued by Headquarters 101st Airborne Division (Air Mobile), on 30 November 1969, awarded him the Bronze Star Medal for meritorious service from 1 February to 30 November 1969.

5.  His record does not contain orders for the Air Medal.

6.  He was honorably released from active duty on 2 June 1970.  He completed 1 year, 9 months, and 26 days of active service, of which 11 months and 26 days was foreign service.  His DD Form 214 shows the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14)
* Vietnam Service Medal
* Combat Infantryman Badge
* Army Commendation Medal
* Army Good Conduct Medal

7.  Special Orders (SOs) Number 61, issued by Headquarters, 3rd Armored Calvary Regiment, Ft Lewis, WA, on 3 March 1970, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet shows: 

* The 2nd Battalion, 502nd Infantry Brigade was cited for award of the :

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 19 Jul 68 to 14 May 1969, by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for service from 18 Mar 68 to 2 May 70, by DAGO Number 70, dated 1971

* HHC, 1st Brigade, 101st Airborne Division (Air Mobile) was cited for award of the Valorous Unit Award for service from 22 July 1970 to 23 July 1970, by DAGO Number 50, dated 1971

9.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  It also states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows during his service in Vietnam, campaign participation credit was awarded for the:

* Vietnam Counteroffensive, Phase VI, 2 November 1968 - 22 February 1969
* TET 69 Counteroffensive, 23 February 1969 - 8 June 1969
* Vietnam Summer - Fall 1969, 9 June 1969 - 31 October 1969
* (12) Vietnam Winter-Spring 1970, 1 November 1969 - 30 April 1970

10.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

11.  Army Regulation 600-8-22 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.

12.  U.S. Army Vietnam (USARV) 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.  

DISCUSSION AND CONCLUSIONS:

1.  GOs awarded him the Bronze Star Medal which is not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show this award.

2.  SOs awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M14) which is not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show this award.

3.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to have his record corrected to show four bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

4.  GOs awarded his units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal, First Class, and the Valorous Unit Award which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

5.  The evidence of records shows he served a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960) and is entitled to correction of his DD Form 214 to show this award.

6.  There are no general orders available that show he 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 insufficient evidence to add it 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 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 adding to item 24 of his DD Form 214:

* Bronze Star Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M14)
* four bronze service stars to be affixed to his previously-awarded Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honor Medal, First Class 
* Valorous Unit Award

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 Air Medal.  


      _______ _   __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)                                         AR20110021925





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ABCMR Record of Proceedings (cont)                                         AR20110021925



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