IN THE CASE OF:	  

		BOARD DATE:	  28 November 2012

		DOCKET NUMBER:  AR20120007504 


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 award of ten Air Medals.  He also contends that he was awarded an Air Medal with "V" Device.  He indicates that he needs the Aircraft Crewmember Badge and two overseas service (O/S) bars issued.

2.  The applicant states he cannot find the paperwork for his Air Medal with "V" Device.

3.  The applicant provides copies of:

* DD Form 214 effective 30 October 1970
* Certificate for award of the Air Medal, dated 11 November 1969
* General Orders Number 4427, dated 28 November 1969

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.  Personal decorations, service medals, and badges are not issued by the ABCMR.  However, the applicant may obtain his medals and badges by submitting his request in writing to the National Personnel Records Center, ATTN:  Army Reference Branch, 1 Archives Drive, St. Louis, Missouri  63138.  The O/S bars are items of uniform wear and may be purchased from a local supplier of military clothing and equipment.  These issues will not be further addressed in this Record of Proceedings.

3.  On 27 October 1967, the applicant was inducted into the Army of the United States.  He subsequently enlisted in the Regular Army on 1 November 1967.  He completed his initial training and was awarded military occupational specialty (MOS) 67N (Utility Helicopter Repairman).  

4.  He served in the Republic of Vietnam (RVN) from 10 May 1968 to 7 May 1969 and he was assigned to duty as a helicopter mechanic with the Air Cavalry Troop, 11th Armored Cavalry Regiment in the RVN.  He was subsequently assigned to duty as a door gunner and a senior helicopter mechanic.

5.  General Orders Number 3992, Headquarters, II Field Force Vietnam, dated 
12 November 1969, awarded the applicant the Air Medal for meritorious service during the period from 21 June to 16 August 1968.

6.  General Orders Number 4427, Headquarters, II Field Force Vietnam, dated 
28 November 1969, awarded the applicant the second through tenth award of the Air Medal for meritorious service during the period from 17 August 1968 to 8 May 1969.

7.  On 10 April 1969, the applicant was promoted to the rank of specialist five, pay grade E-5.

8.  On 30 October 1970, the applicant was released from active duty.  He had completed 3 years and 6 days of creditable active duty service.

9. The applicant's DD Form 214 lists his awards as:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with 1960 Device
* Aircraft Crewmember Badge
* Two O/S Bars

10.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Air Medal with "V" Device.  ADCARS is 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.

11.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

12.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were “excellent”.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

13.  Army Regulation 600-8-22 (Military Awards) provides that the Air Medal is awarded in time of war for heroism (denoted by a "V" Device) 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.

14.  Army Regulation 600-8-22 states 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 AM.

15.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the RVN, he participated in the following four campaign periods: the Vietnam Counteroffensive, Phase IV; the Vietnam Counteroffensive, Phase V; the Vietnam Counteroffensive, Phase VI; and the Tet 69 Counteroffensive.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.



16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This publication shows that the Air Cavalry Troop, 11th Armored Cavalry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 42, dated in 1972, for award of the RVN Gallantry Cross with Palm Unit Citation.

17.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of ten Air Medals.  He also contends that he was awarded an Air Medal with "V" Device.

2.  General orders show that the applicant was awarded ten Air Medals.  However, there is no available evidence showing that any of these included a "V" Device.  Therefore, his records should be corrected to show these awards.

3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by him attaining the rank of specialist five, being awarded personal decorations, and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that the absence of the first award of the Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

4.  Records show that the applicant participated in four campaign periods during his service in the RVN.  Therefore, he is eligible for award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  The applicant’s unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 
27 October 1967 to 26 October 1970;

	b.  deleting the Air Medal and Vietnam Service Medal from his DD Form 214; and

	c.  showing, in addition to the awards already shown on his DD Form 214, that his awards include:

* Air Medal with Numeral 10
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* 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 award of the Air Medal with "V" Device.



      _______ _   __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)                                         AR20120007504





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ABCMR Record of Proceedings (cont)                                         AR20120007504



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