IN THE CASE OF:	  

		BOARD DATE:	  27 September 2012

		DOCKET NUMBER:  AR20120003400


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 that his DD Form 214 (Report of Transfer or Discharge) be corrected to show award of the Bronze Star Medal with "V" Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Expert Marksmanship Qualification Badge with Machinegun Bar.  

2.  The applicant states his DD Form 214 does not include all of his awards and decorations.  His Bronze Star Medal was a field issue but no orders were ever recorded.  It is only fair and just that he receive the same awards that were issued to other members of his helicopter crew.

3.  The applicant provides copies of orders for an Army Commendation Medal, Air Medal (2nd - 15th Award), and Good Conduct Medal.  He also provides two National Personnel Records Center (NPRC) award replacement authorization letters, his DD Form 214, a fellow Soldier's DD Form 214, an excerpt titled "Vietnam:  the Helicopter War," two letters of support from fellow Soldiers, an 
e-mail, and three photographs.

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 24 July 1968.  He completed training and was awarded military occupational specialty 67N (UH-1 Helicopter Repairman).

3.  U.S. Army Transportation School Special Orders Number 230, dated 25 November 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16 Rifle).

4.  He served in Vietnam from 16 January 1969 through 14 January 1970.  He served with the 281st Aviation Company, 10th Combat Aviation Battalion, 1st Aviation Brigade from 31 January 1969 through 13 January 1970 in various positions to include truck driver, door gunner, and crew chief.

5.  Special Orders Number 77, issued by 10th Combat Aviation Battalion, dated 19 March 1969, permanently awarded the applicant the Aircraft Crewman Badge.

6.  General Orders Number 6369, issued by 1st Aviation Brigade, dated 10 December 1969, awarded the applicant the Army Commendation Medal for meritorious service.

7.  Special Orders Number 74, issued by 3rd Armored Cavalry, dated 16 March 1970, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14 Rifle).

8.  General Orders Number 3418, issued by 1st Aviation Brigade, dated 9 May 1970, awarded the applicant the Air Medal (1st Award).

9.  General Orders Number 181, issued by Headquarters, 3rd Armored Cavalry, dated 30 June 1970, awarded the applicant the Good Conduct Medal (1st Award) for the period 24 July 1968 to 23 July 1970.

10.  General Orders Number 8698, issued by 1st Aviation Brigade, dated 
4 September 1970, awarded the applicant the Air Medal (2nd - 15th Award).

11.  On 23 July 1970, the applicant was honorably released from active duty.  His DD Form 214 lists his awards utilizing the following abbreviations "NDSM, VSM, VCM, 2 O/S BARS, ACB, EXP M-14."
12.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam during three campaign periods and was authorized the National Defense Service Medal, Vietnam Service Medal, Aircraft Crewman Badge, Republic of Vietnam Campaign Medal with Device (1960), 2 Overseas Service Bars, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

13.  The excerpt titled "Vietnam: The Helicopter War" includes a section recounting a Thanksgiving Day incident in 1969 involving a UH-1 helicopter being shot down and the actions of the crew of the downed helicopter and the rescue helicopter.  The crew of the downed helicopter included the applicant, the pilot, co-pilot, and a fourth individual.  

14.  The letters of support are from the pilot of the downed helicopter and a second individual who was on the helicopter.  Both individuals recounted the incident and named the applicant as a fellow crewmember.  They state one crewmember received the Silver Star and the remaining crewmembers, including the applicant, received the Bronze Star Medal with "V" Device.

15.  The applicant states he is the Soldier in the photographs receiving the Bronze Star Medal with "V" Device.  The black and white copies of the photographs appear to be of a Bronze Star Medal award ceremony.  The applicant further notes that his name is misspelled on his shirt, a fact only he would know.  He states the pilot's and the door gunner's awards were presented, and retroactively authorized.

16.  The DD Form 214, from a fellow Soldier, does not contain any information on when or why that Soldier received his awards, and also does not show he was awarded a Bronze Star Medal. 

17.  The NPRC award replacement authorization letters state the applicant's awards include the Air Medal, Army Commendation Medal, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar, and the Army Aviation - Aircraft Crewman Badge. 

18.  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 United States Army Human Resources Command, failed to reveal any orders for this applicant.

19.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to the 281st Aviation Company, 10th Combat Aviation Battalion, 1st Aviation Brigade, he was authorized award of the Republic of Vietnam Gallantry Cross with Gold Star Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

20.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

	b.  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.

	c.  Arabic Numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal. 

	d.  A bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following four campaign periods: the 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; and the Vietnam Winter–Spring 1970; 1 November 1969 - 30 April 1970.


21.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states all awards and decorations for all periods of service in the priority sequence and abbreviations are not to be used. 

DISCUSSION AND CONCLUSIONS:

1.  The fact that another Soldier, who served in same unit, received a Bronze Star Medal is insufficient evidence in-and-of itself to show that the applicant was also authorized this award.

2.  By the applicant's own admission, no orders were issued awarding him the Bronze Star Medal with "V" Device and his supporters seem to confirm this.  The photographs show he was presented the medal and the available evidence indicates he probably deserved it.

3.  Nevertheless, all this is insufficient to meet the requirements that a formal recommendation was made, that it was approved through the chain of command, and was announced in orders.  

4.  The applicant requests to be shown to have been authorized award of the Expert Marksmanship Qualification Badge with Machinegun Bar.  The NPRC letter lists award of the Expert Marksmanship Qualification Badge with Automatic Rifle Bar, and his record contains orders for the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), which is shown on his DD Form 214.  

5.  The reference on the NPRC letter to award of the Expert Marksmanship Qualification Badge with Automatic Rifle Bar is not sufficient to correct DD Form 214 to show this badge.  There is no evidence in the applicant's military record that he tested on or qualified for the Expert Marksmanship Qualification Badge with Machinegun or Automatic Rifle Bar.  

6.  The applicant served in Vietnam during four campaign periods and is authorized to wear four bronze service stars on his Vietnam Service Medal.

7.  The applicant's award of the Air Medal with Numeral 15, Army Commendation Medal, Good Conduct Medal, Republic of Vietnam Gallantry Cross with Gold Star Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) were omitted from his DD Form 214.  It is appropriate to correct his DD Form 214 to include these awards. 

8.  His DD Form 214 improperly shows his awards utilizing only abbreviations.  With the corrections recommended above, it is appropriate to delete the current entry and replace it with an entry showing all of his awards by their full and proper titles as listed below.

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 deleting the award entry on the DD Form 214 and replacing it with the following:

Air Medal with Numeral 15//Army Commendation Medal//Good Conduct Medal//National Defense Service Medal//Vietnam Service Medal with four bronze service stars//Republic of Vietnam Campaign Medal with Device (1960)//Republic of Vietnam Gallantry Cross with Gold Star Unit Citation//Republic   of Vietnam Gallantry Cross with Palm Unit Citation//Expert Marksmanship Qualification Badge with Rifle Bar                     (M-14)//Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)//Aircraft Crewman Badge//Nothing Follows

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 Bronze Star Medal with "V" Device and the Expert Marksmanship Qualification Badge with Machinegun or Automatic Rifle Bar.



      _______ _   __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)                                         AR20120003400



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ABCMR Record of Proceedings (cont)                                         AR20120003400



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