IN THE CASE OF:	  

		BOARD DATE:  17 July 2012

		DOCKET NUMBER:  AR20110024646 


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 award of the Distinguished Flying Cross (DFC), Air Medal (AM) with "V" Device, and Air Assault Badge.

2.  The applicant states he served as a door gunner, crew chief, and flight engineer in Vietnam up until the day he departed.  He was eligible for award of the DFC, AM with "V" Device, and the Air Assault Badge; however, he was never awarded them because he left Vietnam in such a hurry.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 14 May 1969.  He completed his basic training at Fort Lewis, WA and his advanced individual training as an aircraft maintenance apprentice at Fort Rucker, AL before being transferred to Vietnam on 15 November 1969.

3.  He was initially assigned to Company C, 159th Aviation Battalion for duty as a door gunner and on 14 December 1969 he was assigned to Company A of the same battalion.  He was promoted to the pay grade of E-5 on 11 May 1970 and on 30 June 1970 he was assigned as a crew chief.  On 31 July 1970, he was assigned as a flight engineer. 

4.  He departed Vietnam on 15 November 1970 and he was transferred to Fort Lewis for separation processing.  He was honorably released from active duty (REFRAD) on 19 November 1970 as an overseas returnee.  He completed
1 year, 6 months, and 6 days of total active service.  The DD Form 214 he was issued at the time of his REFRAD shows he was awarded the:

* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Aircraft Crewman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  His record contains a letter issued by Headquarters, U.S. Army Vietnam, subject:  Authorization for Individual Foreign Award, dated 22 March 1971, that authorized him to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star that was presented to him by the Government of the Republic of Vietnam.

6.  There is no evidence that he was recommended for or awarded the DFC, AM with "V" Device, or the Air Assault Badge.  However, 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, revealed that General Orders Number 12945, issued by Headquarters, 101st Airborne Division, dated 31 October 1970, awarded the applicant the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force in Vietnam during the period 1 January to 31 October 1970.  The available records do not contain any flight records.


7.  Item 28 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of any derogatory information or a commander's disqualification that would serve to disqualify him for the first award of the Army Good Conduct Medal (AGCM).

8.  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.

9.  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.  there is no automatic entitlement to an award upon departure either from an assignment or from the service.

	b.  the DFC is awarded to any person who, while serving in any capacity with the Army, distinguishes himself or herself by heroism or extraordinary achievement while participating in aerial flight.  The performance of the act of heroism must be evidenced by voluntary action above and beyond the call of duty.  The extraordinary achievement must have resulted in an accomplishment so exceptional and outstanding as to clearly set the individual apart from his or her comrades or from other persons in similar circumstances.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	c.  the AM 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.


	d.  the Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.

	e.  a bronze service star is authorized with the Vietnam Service Medal 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 three campaigns:

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

	f.  the bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  Although more than one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one "V" device may be worn on awards of these medals.

10.  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 unit to which the applicant was assigned was cited for award of the:

* Valorous Unit Award for the period 22 through 23 July 1970 by Department of the Army General Order (DAGO) Number 50, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 31 December 1968 through 2 May 1970 by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 30 October through 7 December 1970 by DAGO Number 11, dated 1973

11.  Department of the Army Pamphlet 672-3, paragraph 6d states that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.


12.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

13.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander,  U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that he earned the award of the Distinguished Flying Cross and the Air Medal with "V" Device are not in doubt, such awards require a recommendation and when approved, orders to be published.  There is no evidence of record and the applicant did not provide any evidence to substantiate his contention.  Therefore, in the absence of such evidence there appears to be no basis for awarding him these awards.

2.  While the available evidence is insufficient for awarding the applicant the Distinguished Flying Cross or the air Medal with “V” Device, this in no way affects his right to pursue his claim for these awards by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

3.  The applicant’s contention that he earned the Air Assault Badge has been noted and found to lack merit.  The Air Assault Badge was not created until 1974, well after his REFRAD.  It further required attendance at an approved formal training course.  Accordingly, he is not entitled to the Air Assault Badge.

4.  However, during the process of researching the applicant’s claim, it was determined that general orders awarded him the Bronze Star Medal and his record contains a letter authorizing him to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star presented by the Government of the Republic of Vietnam.  Therefore, his DD Form 214 should be corrected to show these awards.

5.  The evidence of record also shows the applicant’s unit was cited for award of the Valorous Unit Award and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

6.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

7.  The applicant also served in three campaigns during his service in Vietnam.  Therefore, he is entitled to three 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.

8.  After carefully examining the applicant's record of service, it appears the applicant should have received the first award of the Army Good Conduct Medal for his service from 14 May 1969 through 19 November 1970.  His record is void of any derogatory information which would have precluded him from being awarded the Army Good Conduct Medal and the lack of any specific action by his commander to disqualify him from receiving this award.  The evidence further suggests the applicant did not receive the Army Good Conduct Medal as a result 
of an administrative error.  Therefore, the applicant should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

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 his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period of 14 May 1969 through 19 November 1970; and

	c.  adding to his DD Form 214 the:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Bronze Star
* Valorous Unit Award
* 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 award of the Distinguished Flying Cross, Air Medal with "V" Device, and the Air Assault Badge.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant 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)                                         AR20110024646



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110024646



7


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1