BOARD DATE:	  11 September 2012

		DOCKET NUMBER:  AR20120004041 


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 the awards of the Army Good Conduct Medal (AGCM), Vietnam Service Medal with two or three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Air Medal (24 or 36 oak leaf clusters (OLC)) and with two "V" Devices, and any other unit awards to which he is entitled.

2.  The applicant states all of his awards were not entered on his DD Form 214 at the time of his departure from the Army.

3.  The applicant provides:

* his DD Form 214
* his discharge orders from the U.S. Army Reserve (USAR)
* three pages from his flight records
* one page from his Officer Evaluation Report (OER)
* his DA Form 66 (Officer Qualification Record)
* General Orders Number 7277, issued by Headquarters, 1st Infantry Division, dated 7 October 1967
* General Orders Number 293, issued by Headquarters, 44th Medical Brigade, dated 23 March 1968
* General Orders Number 3326, issued by the same headquarters, dated
1 April 1968


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 enlisted in the USAR on 17 November 1964 for a period of 6 years.  He served in the USAR (not on active duty) until he was discharged on 28 May 1965.  He was commissioned as a USAR second lieutenant on 29 May 1965.

3.  On 10 March 1966, he was ordered to active duty as a Medical Service Corps officer.  He was transferred to Fort Sam Houston, TX to undergo his officer basic course, transferred to Fort Wolters, TX to undergo flight training, and then transferred to Fort Rucker, AL for additional flight training.  He was promoted to the first lieutenant on 10 March 1967.

4.  He was transferred to Vietnam on 12 June 1967 and he was assigned as a medical evacuation pilot and the awards and decorations officer for the
57th Medical Detachment.  He was promoted to captain on 10 April 1968.

5.  He departed Vietnam on 5 June 1968 for assignment to Fort Rucker where he remained until he was honorably released from active duty (REFRAD) on 1 June 1969 at the expiration of his active duty service.  He was transferred to the USAR Control Group (Standby) to complete his remaining service obligation.  He completed 3 years, 2 months, and 22 days of total active service.

6.  The DD Form 214 he was issued at the time of his REFRAD shows he was awarded the:

* Army Aviator Badge
* Combat Medical Badge
* Air Medal (19th OLC) and with "V" Device


* Republic of Vietnam Campaign Medal with Device (1960)
* Distinguished Flying Cross
* Army Commendation Medal

7.  The applicant's record contains General Orders Number 507, issued by Headquarters, 44th Medical Battalion, dated 29 May 1968, that awarded him the Air Medal (19th OLC) for the period 17 April to 9 May 1968.  His record also shows he was awarded the Air Medal with "V" Device for heroism while participating in aerial flight in Vietnam on 27 September 1967 and the Air Medal (15th OLC) and with "V" Device for heroism in Vietnam on 22 December 1967.  Additionally, the flight record he provided shows his last two flights in Vietnam were made on 14 and 27 May 1967.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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.

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

a. The National Defense Service Medal (NDSM) is awarded for honorable
active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and             11 September 2001 and a date to be determined.

	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, Air Medal, and the Bronze Star Medal.  Although more than one award of the Army Commendation Medal, 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.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  It states that a bronze service star is authorized with this award 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 Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)

10.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  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 Air Medal.  However, the regulation was clear that these guidelines were considered only a departure point.  

11.  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 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 at times vulnerable to small arms fire or under hazardous weather or terrain conditions.

12.  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.

13.  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 57th Medical Detachment was cited for award of the Meritorious Unit Commendation for the period 16 February through 31 December 1968 by Department of the Army General Order (DAGO)
Number 51, dated 1971.


14.  Department of the Army Pamphlet 672-3, paragraph 6d, states Department of the Army General Orders 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows he was awarded the Air Medal with 19 OLCs and two awards of the Air Medal with "V" Device.  It further shows his last award was for the 19th OLC on 29 May 1968 for the period of 17 April to 9 May 1968.  His flight record shows he only flew twice prior to that time (14 and 27 May 1967), neither or both combined qualified for an additional award of the Air Medal.  It is also noted that he departed Vietnam on 5 June 1968 and he was his unit's awards and decorations officer.  Accordingly, it does not appear he is entitled to any additional awards of the Air Medal.  Additionally, although he was awarded two awards of the Air Medal with "V" Device, only one "V" Device may be worn on awards such as the Air Medal.

2.  The applicant's contention that he should be awarded the AGCM has also been noted and appears to lack merit.  The available records show he served in the USAR in an enlisted status; however, the AGCM is awarded for continuous enlisted active Federal military service.  He did not serve on active duty at any time during his enlisted service; therefore, he does not meet the minimum eligibility criteria for award of the AGCM.

3.  Records show he served during a qualifying period for entitlement to the NDSM.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The evidence of record shows the applicant served in Vietnam during a qualifying period of service for entitlement to the Vietnam Service Medal.  Additionally, he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to the Vietnam Service Medal with three bronze service stars and correction of his DD Form 214 to show this award.

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

6.  The applicant's contention that his record should reflect the award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation has also been noted.  There is no evidence the applicant's unit was cited for this award during his period of assignment.  Therefore, there is no basis for granting this portion of his request.

7.  However, the evidence of record shows his unit was cited for award of the Meritorious Unit Commendation during his period of assignment in Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit 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 adding to his DD Form 214 the:

* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam 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 to his DD Form 214:

* additional awards of the Air Medal and with two "V" Devices
* the Army Good Conduct Medal
* the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* any other unit awards

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)                                         AR20120004041



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ABCMR Record of Proceedings (cont)                                         AR20120004041



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