IN THE CASE OF:	  

		BOARD DATE:  4 September 2012

		DOCKET NUMBER:  AR20120002234 


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) by adding all awards of the Air Medal (AM).  

2.  He states all AMs he earned from April 1969 to April 1970 were omitted from his DD Form 214 and the supporting documents to add them should be in his military personnel record.  

3.  He provides:

* an AM award certificate for the period 20 April to 15 September 1969
* an AM citation for the same period
* his DD Form 214 
* a Standard Form (SF) 180 (Request Pertaining to Military Records) 

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.  His records show he was inducted into the Army of the United States on 
8 November 1968.

3.  His DA Form 20 (Enlisted Qualification Record) shows the following entries:

* item 31 (Foreign Service) – he served in Vietnam from 17 April 1969 to 27 March 1970
* item 38 (Record of Assignments) – he was assigned to Company C, 1st Battalion, 2nd Infantry Regiment, 1st Infantry Division, in Vietnam
* item 41 (Awards and Decorations) does not show award of any AMs

4.  His record contains a copy of Headquarters, 1st Infantry Division, General Orders Number 11918, dated 5 October 1969 which show he was awarded the AM for the period 20 April to 15 September 1969.  He also provided a citation and certificate for the AM which cover the same period.  

5.  The applicant’s DD Form 214 shows he was honorably released from active duty on 6 November 1970 and transferred to the U.S Army Reserve Control Group (Annual Training) for completion of his Reserve obligation.  This form shows he was awarded the following:

* National Defense Service Medal 
* Vietnam Service Medal (VSM) with three bronze service stars
* Combat Infantryman Badge
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Bronze Star Medal
* Qualification Badges

6.  A review 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 him subsequent AMs.

7.  His record is void of documentation showing he was recommended for or awarded the Army Good Conduct Medal (AGCM).  Item 38 of his 
DA Form 20 shows he received all "excellent" conduct and efficiency ratings during his military career.  His record is void of any derogatory information that could serve to disqualify him for this award.
8.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years, except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

9.  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 during the period of his assignment with Company C, 1st Battalion, 2nd Infantry Regiment, 1st Infantry Division, this unit was awarded the following awards by Department of the Army General Orders (DAGO):

* RVN Gallantry Cross with Palm Unit Citation for the period 23 September 1969 to 15 February 1970 by DAGO Number 2, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 by DAGO Number 53, dated 1970

10.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the AM.  It stated 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 AM.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the AM for the period 20 April to 15 September 1969.  Therefore, he is entitled to add the AM to his DD Form 214. 

2.  His record does not show he was recommended for or awarded any additional AMs and ADCARS does contain any orders for subsequent AMs.  Lacking sufficient evidence, he is not entitled to show additional awards of the AM on his DD Form 214. 

3.  The evidence of record confirms he served honorably from 8 November 1968 through 6 November 1970.  Based on his overall record of service, it would be appropriate to award him the first award of the AGCM and to correct his records to reflect this award.
4.  General orders awarded his unit the RVN Civil Actions Honor Medal First Class Unit Citation and RVN Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show these unit awards.

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 8 November 1968 through 6 November 1970, and

	b.  adding the following awards to item 24 of his DD Form 214:

* AM
* AGCM (1st Award)
* RVN Civil Actions Honor Medal First Class Unit Citation
* RVN Gallantry Cross with Palm 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 adding multiple awards of the AM 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)                                         AR20120002234





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ABCMR Record of Proceedings (cont)                                         AR20120002234



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