IN THE CASE OF:	  

		BOARD DATE:	  22 May 2012

		DOCKET NUMBER:  AR20110022283 


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 to be awarded the Army Good Conduct Medal (AGCM), the Air Medal, a marksmanship qualification badge for the M-60 machine gun, and all other awards to which he is entitled.

2.  The applicant states, in effect, that his record of service warrants award of the AGCM, he served as a helicopter crewmember in combat and non-combat missions in Vietnam and he should have been awarded the Air Medal, he was required to undergo training on the M-60 machine gun, and he did not receive his unit awards.

3.  The applicant provides a two-page letter explaining his application; a two-page letter from a fellow member of his unit; a copy of his DA Form 20 (Enlisted Qualification Record); copies of his nonaviator-noncrewmember orders; copies of his assignment orders; and copies of documents related to his unit's history, lineage, and honors.

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 23 December 1969 for a period of 3 years and training as an aircraft maintenance apprentice.  He completed basic training at Fort Knox, Kentucky, and advanced individual training at Fort Rucker, Alabama.

3.  He was transferred to Vietnam on 18 July 1970 and was assigned to the 187th Aviation Company for duty as an aircraft apprentice.  He was advanced to pay grade E-4 on 4 November 1970.

4.  He served in two campaigns and departed Vietnam on 17 July 1971 for assignment to Fort Belvoir, Virginia, where he remained until he was honorably released from active duty (REFRAD) on 26 June 1972 under the early release program.  He completed 2 years, 6 months, and 2 days of active service.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued at the time of his REFRAD shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and Army Commendation Medal.

5.  A review of his official records failed to show the applicant was awarded the Air Medal or that he received flight pay or participated in aircraft missions.  Additionally, a search 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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders awarding the applicant any individual awards.

6.  However, his records do show he had "excellent" conduct and efficiency ratings throughout his service and his records are void of any derogatory information that would serve to disqualify him for award of the AGCM.

7.  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.

8.  Army Regulation 600-8-22 (Military Awards) 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.

9.  U.S Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal for sustained operations.  Appendix IV required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status would be submitted on a USARV Form 157-R.  The recommendation for award must also have stated that the individual "met the required number of missions and hours for award of the Air Medal"; that "the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident"; and that the "individual's accomplishments and service throughout the period have reflected meritorious performance, with no instance of nonprofessionalism, mediocrity, or failure to display an aggressive spirit."

10.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.

11.  Department of the Army 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 applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant participated in two campaigns during his service 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.

2.  After carefully examining the applicant's record of service, it appears the applicant should have received the first award of the AGCM for his service from 23 December 1969 through 26 June 1972.  His record is void of any derogatory information or the lack of any specific action by his commander to disqualify him from receiving this award which would have precluded him from being awarded the AGCM.  The evidence further suggests the applicant did not receive the AGCM as a result of an administrative error.  Therefore, the applicant should be awarded the first award of the AGCM and his DD Form 214 should be corrected to show this award.

3.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the 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.

4.  However, there is insufficient evidence to show he was awarded the Air Medal or that he was qualified for award of the Air Medal.  Additionally, there is no evidence to show he qualified with the M-60 machine gun.  Accordingly, there appears to be no basis to award him the Air Medal or a marksmanship qualification badge for the M-60 machine gun.

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 is 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 23 December 1969 through 26 June 1972;

	b.  deleting the Vietnam Service Medal from his DD Form 214; and

	c.  adding the following awards to his DD Form 214:

* AGCM (1st Award)
* Vietnam Service Medal with two bronze service stars
* 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 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 awarding him the Air Medal and a marksmanship qualification badge for the M-60 machine gun.

3.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20110022283



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ABCMR Record of Proceedings (cont)                                         AR20110022283



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