BOARD DATE:	  14 August 2012

		DOCKET NUMBER:  AR20120003590 


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 Air Medal.

2.  The applicant states he was recommended for the award of the Air Medal by his company commander.

3.  The applicant provides:

* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* a letter from his company commander, dated 17 July 1971
 
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 was inducted into the Army of the United States on 25 February 1970.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  He served in the Republic of Vietnam from 23 July 1970 to 18 July 1971.  He was assigned as a rifleman to Company D, 1st Battalion (Airmobile), 502nd Infantry, from 4 August 1970 to 18 July 1971.

4.  He submitted a letter signed by the Commander, Company D, 1st Battalion (Airmobile), 502nd Infantry, dated 17 July 1971.

	a.  The commander recommended him for the award of the Air Medal under the provisions of appendix IV of U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards).

	b.  The applicant distinguished himself during the period 23 July 1970 to “22” July 1971 by meritorious achievement on no less than 25 combat assaults against a hostile combat force while flying in a UH-1D helicopter.

5.  Headquarters, 101st Airborne Division (Airmobile), General Orders Number 8578, dated 17 August 1971, awarded him the Bronze Star Medal for meritorious service from July 1970 to July 1971.

6.  On 26 October 1971, he was released from active duty in the rank of sergeant.  He completed 1 year, 8 months, and 2 days of active service that was characterized as honorable.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Army Commendation Medal
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle and Pistol Bars
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

7.  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 the Air Medal.

8.  There is no evidence he received the first award of the Army Good Conduct Medal.  There also is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of "excellent" throughout his service.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that during the time of his assignment to the 1st Battalion (Airmobile), 502nd Infantry, the unit was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation (1 March-9 October 1971)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (18 March 1968-2 May 1970)

10.  USARV Regulation 672-1 provided guidelines for award of the Air Medal.

	a.  Passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  Terms were defined and guidelines provided 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 Air Medal.  However, the regulation was clear that these guidelines were considered only a departure point.

	b.  Combat missions were divided into three categories.  A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force or delivery of friendly troops or supplies into the immediate combat operations area.  A category II mission was characterized by support rendered to a friendly force immediately before, during, or immediately following a combat operation.  A category III mission was characterized by support of friendly forces not connected with an immediate combat operation, but which must have been accomplished at altitudes which made the aircraft vulnerable at times to small arms fire or under hazardous weather or terrain conditions.

	c.  To be recommended for award of the Air Medal, an individual must have completed a minimum of 25 category I missions, 50 category II missions, or 100 category III missions.  Since various types of missions would have been completed in accumulating flight time toward award of an Air Medal for sustained operations, different computations would have had to be made to combine category I, II, and III flight times and adjust it to a common denominator.

	d.  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 non-professionalism, mediocrity, or failure to display an aggressive spirit."

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

	b.  Based on his dates of service in Vietnam, table B-1 (Campaigns, Service Requirement, and Inscriptions Prescribed for Streamers) shows he participated in the:

* Vietnam Counteroffensive Phase VII Campaign (1 July 1970-30 June 1971)
* Consolidation I Campaign (1 July 1971-30 November 1971)

	c.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in table B-1.  Authorized service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded, 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.

	a.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  

	b.  There must have been no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  His official military personnel file contains orders awarding him the Bronze Star Medal.  Therefore, this award should be added to his DD Form 214.

2.  His MOS was 11B, he was assigned to an airmobile battalion, and his company commander recommended him for the award of the Air Medal and certified he met the requirements of the regulation.  In addition, he was awarded the Bronze Star Medal for meritorious service during the same period.  Therefore, there is sufficient evidence to award him the Air Medal for meritorious achievement while participating in aerial flight during the period 23 July 1970 to 18 July 1971 (the date he departed the theater of operations).

3.  The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service, and he was promoted to sergeant in less than 2 years.  Therefore, the evidence shows he met the criteria for the first award of the Army Good Conduct Medal based on completion of qualifying service from 25 February 1970 to 26 October 1971.

4.  His military record shows he participated in two campaigns during his service in Vietnam.  Therefore, he is authorized two bronze service stars to be worn on his Vietnam Service Medal.

5.  Based on his service with the 1st Battalion (Airmobile), 502nd Infantry, in the Republic of Vietnam, he is authorized the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)

BOARD VOTE:

__X___  __X______  __X_____  GRANT FULL RELIEF 

________  ________  ________  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 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 Air Medal for meritorious achievement while participating in aerial flight during the period 23 July 1970 to 18 July 1971; and

	b.  awarding him the Army Good Conduct Medal (1st Award) for service from 25 February 1970 to 26 October 1971.

2.  The Board further recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 as follows:

	a.  deleting the Vietnam Service Medal; and

	b.  adding the:

* Bronze Star Medal
* Air Medal
* Army Good Conduct Medal (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
* Republic of Vietnam Campaign Medal with Device (1960)



      __________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)                                         AR20120003590



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ABCMR Record of Proceedings (cont)                                         AR20120003590



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