BOARD DATE:	  6 September 2012

		DOCKET NUMBER:  AR20120004180 


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 following awards and correction of his records to show them:

* Combat Infantryman Badge
* Air Medal
* Army Good Conduct Medal

2.  The applicant states:

* He earned the Combat Infantryman Badge in Cambodia while serving with B Company, 1st Battalion, 5th Cavalry
* He should be granted the Air Medal in recognition of service in the 1st Battalion, 5th Cavalry
* He should be awarded the Army Good Conduct Medal for his faithful and true service

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Page 3 of his 4-page DA Form 20 (Enlisted Qualification Record)
* Two statements of support



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's records show he was inducted into the Army of the United States on 29 April 1969 and he held military occupational specialty 11B (Light Weapons Infantryman).  

3.  Headquarters, 2nd Advanced Individual Training Brigade, U.S. Army Training Center, Infantry, Fort Ord, CA, published the following Special Orders (SO):

* SO Number 158, on 5 August 1969, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* SO Number 161, on 8 August 1969, awarding him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)

4.  He served in Vietnam with B Company, 1st Battalion, 5th Cavalry, 1st Cavalry Division, from 26 May 1970 to 29 November 1970.  

5.  SO Number 192, issued by Headquarters, 1st Cavalry Division, on 10 July 1970 awarded him the Combat Infantryman Badge.

6.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 11 December 1970.  He completed 1 year, 7 months, and 13 days of active service.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Campaign Medal with "60" Device
* Vietnam Service Medal with one campaign star
* One overseas service bar

7.  A review of his service records reveals no derogatory information in his record.  Additionally, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service (with the exception of an unknown rating while a patient on 21 November 1970 at Fort Campbell, KY.  There is no derogatory information in his records. 

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), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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, campaign participation credit was awarded for the: 

* Sanctuary Counteroffensive, 1 May - 30 June 1970
* Vietnamese Counteroffensive Phase VII, 1 July 1970 - 30 June 1971

10.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his tenure with the 1st Battalion, 5th Cavalry, in Vietnam, this unit was cited for awards of the:

* Valorous Unit Award, for service from 1 May to 29 June 1970, based on DAGO Number 43, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 February 1970 to 28 February 1971, based on DAGO Number 42, dated 1972

11.  His service records do not contain flight records or official orders awarding him the Air Medal.  

12.  Army Regulation 600-8-22 (Military Awards) states the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
13.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  It established 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 Air Medal.  However, the regulation was clear that these guidelines were considered only a departure point.

14.  He submitted:

	a.  A statement, dated 7 December 2008, from his former unit commander to the Department of Veterans Affairs.  The unit commander supports the applicant's efforts in obtaining the care and support he needs and deserves.

	b.  A statement from the same unit commander to the U.S. Army Human Resources Command supporting the applicant's efforts in receiving the requested awards.  He opines the applicant met the criteria for the requested awards. 

DISCUSSION AND CONCLUSIONS:

1.  SO awarded the applicant the Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60), none of which are shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these badges. 

2.  He served honorably during the period 29 April 1969 through 11 December 1970.  He served in Vietnam, attained the rank/grade of SP4/E-4, and he received "excellent' conduct and efficiency ratings throughout his military service. His record does not contain any derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal and.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and to correct his DD Form 214 to show this medal.

3.  GO awarded his unit in Vietnam the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards. 
4.  He was awarded the Vietnam Service Medal.  Additionally, he participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to two bronze service stars to be affixed to his Vietnam Service Medal.

5.  With respect to the Air Medal, there are no general orders or any evidence available that show he was eligible for, recommended for, or awarded the Air Medal. The governing regulation requires a formal recommendation, approval through the chain of command, and announcement in orders for award of the Air Medal.  In the absence of orders or other independent evidence that would confirm he completed the number of missions necessary to be awarded the Air Medal, there is insufficient evidence upon which to show award of the Air Medal in this case.

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 29 April 1969 through 11 December 1970
* deleting from his DD Form 214 the Vietnam Service Medal with one campaign star and adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Vietnam Service Medal with two bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Machine Gun Bar     (M-60
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
2.  The Board further determined 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 the Air Medal. 



      _______ _   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)                                         AR20120004180



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120004180



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1