IN THE CASE OF:	  

		BOARD DATE:	  2 October 2012

		DOCKET NUMBER:  AR20120006478 


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) to show the:

* Bronze Star Medal with "V" Device
* Air Medal

2.  The applicant states he was awarded the medals but they are not listed on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* Certificate showing award of the Air Medal
* Certificate showing award of the Bronze Star Medal with "V" Device
* Certificate of combat service

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 official service records are not available for review with this case.  An exhaustive search was undertaken to locate the applicant's military records which are necessary for the processing of his application.  Unfortunately, they could not be found.  However, those remaining documents together with the applicant's submitted documents were sufficient in a reconstructed record to conduct a fair and impartial review of this case

3.  His DD Form 214 shows he enlisted in the Regular Army on 9 August 1968 and he held military occupational specialty 11C (Infantry Direct Fire Crewman). 

4.  He appears to have served in the U.S. Army Pacific, which included Vietnam, for a period of 1 year and 6 months.  

5.  He was honorably released from active duty on 2 August 1970 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal

6.  General Orders Number 5289, issued by Headquarters, 9th Infantry Division, on 5 May 1969, awarded him the Bronze Star Medal with "V" Device for heroism on 10 April 1969 while assigned to Company D, 6th Battalion, 31st Infantry.

7.  General Orders Number 5793, issued by Headquarters, 9th Infantry Division, on 21 May 1969, awarded him the Army Commendation Medal for achievement from January 1969 to April 1969 in Vietnam, also while assigned to Company D, 6th Battalion, 31st Infantry.

8.  He provides a certificate, dated 25 July 1969, that shows he was awarded the Air Medal for meritorious achievement from 9 May to 16 July 1969 in Vietnam.  However, he did not provide accompanying general orders confirming this award. 

9.  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.

10.  U.S. Army Vietnam Regulation 672-1 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.

11.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 6th Battalion, 31st Infantry, was cited for awards of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from January to June 1969 based on Department of the Army General Orders Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 19 December 1966 to 28 June 1969 based on Department of the Army General Orders Number 59, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Bronze Star Medal with "V" Device and the Army Commendation Medal, neither of which is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show both awards. 

2.  Although his exact dates of service in Vietnam are unknown, based on the two awards listed above he served in Vietnam with the 6th Battalion, 31st Infantry, from at least January 1969 to 28 April 1969.  During this period, his unit was cited for awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show both awards.

3.  He is also entitled to at least one bronze service star with the Vietnam Service Medal to designate his participation in at least one campaign, and correction of his DD Form 214 to show this bronze service star. 

4.  There are no general orders available that show the applicant was awarded the Air Medal.  The certificate he provides is insufficient by itself to confirm this award.  Additionally, the governing regulation requires a formal recommendation, approval through the chain of command, and announcement in orders for awards 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 evidentiary basis for adding the Air Medal to his DD Form 214.

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:

* Bronze Star Medal with "V" Device
* Army Commendation Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* One bronze service star to be affixed to the Vietnam Service Medal


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 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)                                         AR20120006478





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ABCMR Record of Proceedings (cont)                                         AR20120006478



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