BOARD DATE:	  4 September 2012

		DOCKET NUMBER:  AR20120002548 


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, in effect, he earned the AM and AM (3rd Oak Leaf Cluster) (hereafter referred to as AM with Numeral 4); however, these awards were omitted from his DD Form 214.  

3.  He provides:

* general orders (GO) awarding him the AM for the period 8 January to 
   22 October 1969
* an AM citation for the same period
* 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.  He enlisted in the Regular Army on 19 March 1968.  After completion of training, he served in military occupational specialty 45M (Aircraft Armament Subsystem Mechanic).

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

* item 31 (Foreign Service) – he served in Vietnam from 2 January 1969 to 21 October 1970
* item 38 (Record of Assignments) – he was assigned to 120th Aviation Company (Assault Helicopter Company (AHC)), 1st Aviation Brigade in Vietnam
* item 41 (Awards and Decorations) – he was awarded the AM by Headquarters (HQS), 1st Aviation Brigade, GO Number 5650  

4.  The applicant provided a copy of GO Number 5650, dated 3 November 1969 which shows he was awarded the AM for the period 8 January to 22 October 1969.  

5.  His record contains a Recommendation for Decoration for Valor or Merit and an Awards and Qualification Record (Air Medal) which shows his chain of command recommended him for the AM for the period 8 January to 22 October 1969.  There are no other recommendations for award of the AM with Numeral 4 or otherwise.  

6.  A review of his records shows he was awarded the Army Commendation Medal (ARCOM) (2nd Award) by HQS, 1st Aviation Brigade, GO Number 4598, dated 3 June 1970 and the ARCOM (3rd Award) by HQ, 1st Aviation Brigade, GO Number 5996, dated 7 July 1970. 

7.  The applicant’s DD Form 214 shows he was honorably released from active duty on 21 October 1970 and transferred the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation.  This form shows he was awarded the following:

* National Defense Service Medal 
* ARCOM
* Army Good Conduct Medal 
* Vietnam Service Medal (VSM) 
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
8.  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 awarding him the AM with Numeral 4.

9.  Department of the Army General Orders Number 8, dated 1974, announced   award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 
8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign periods for the Vietnam era.  Six designated campaigns coincide with his period of service in Vietnam:

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

11.  Army Regulation 600-8-22 (Military Awards) states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  A silver service star is authorized for wear in lieu of five bronze service stars. 

12.  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 add the AM with Numeral 4 on his DD Form 214. 

3.  The applicant’s record contains two GOs which awarded him a second and third award of the ARCOM.  Therefore, he is entitled to add these awards to his DD Form 214. 

4.  General orders awarded his unit the RVN Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this unit award.

5.  Records show he participated in six campaign phases during his service in Vietnam.  Therefore, he is entitled to wear one silver and one bronze service star on his VSM and correction of his DD Form 214 to show these service stars.

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 amending his DD Form 214 by:

a.  deleting the ARCOM and VSM; and 

	b.  adding the following awards:

* AM
* ARCOM (3rd Award)
* VSM with one silver and one bronze service star
* 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 the AM with Numeral 4 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)                                         AR20120002548





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ABCMR Record of Proceedings (cont)                                         AR20120002548



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