IN THE CASE OF:	   

		BOARD DATE:	  15 November 2012

		DOCKET NUMBER:  AR20120007935 


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 Army Good Conduct Medal and Air Medal.

2.  The applicant states:

* the Army Good Conduct Medal is awarded for 3 years of active service or 1 year during wartime/combat
* the Air Medal is awarded for heroic action in aerial flight
* he was "airmobile infantry" assigned to the 1st Battalion, 8th Infantry, 4th Infantry Division, and he made hot landing zone (LZ) landings

3.  The applicant provides an excerpt on Army awards which includes the Army Good Conduct Medal.

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 was inducted into the Army of the United States on 9 November 1965.  He was awarded military occupational specialty 11C (indirect fire infantryman).  He arrived in Vietnam on 14 September 1966.  He served as a mortar man assigned to Company C, 1st Battalion, 8th Infantry, 4th Infantry Division, in Vietnam from 20 September 1966 to on or about 25 August 1967.  On 25 August 1967, he was released from active duty in the temporary rank of specialist four after completing 1 year, 9 months, and 17 days of creditable active service with no lost time.

3.  Records show the applicant participated in two campaigns during his assignment in Vietnam.

4.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded or authorized the:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960)
* one overseas service bar

5.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There is also no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.

6.  Item 41 (Awards and Decorations) of his DA Form 20 does not show the Army Good Conduct Medal or Air Medal.

7.  There are no orders for the Air Medal in the available records.

8.  There are no flight records in the available records.

9.  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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Air Medal pertaining to the applicant.

10.  DD Forms 215 (Correction to DD Form 214), dated 26 October 2001 and 14 August 2003, amended his DD Form 214 by adding award of the following:

* Bronze Star Medal with "V" Device
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Presidential Unit Citation

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

12.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  It stated 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.

13.  Combat missions were divided into three categories.

	a.  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.

	b.  A category II mission was characterized by support rendered a friendly force immediately before, during, or immediately following a combat operation.

	c.  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.

14.  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 time and adjust it to a common denominator.

15.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

16.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  Paragraph 2-7 states that once a DD Form 214 has been issued, do not reissue except when directed by proper appellate authority, Executive Order, or by the Secretary of the Army; when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 or if the correction would require issuance of more than two DD Forms 215; or when two DD Forms 215 have been issued and an additional correction is required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was separated in the temporary rank of specialist four with over 21 months of creditable active service with no lost time.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 9 November 1965 through 25 August 1967 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

2.  He contends he should be awarded the Air Medal because he was "airmobile infantry" assigned to the 1st Battalion, 8th Infantry, 4th Infantry Division, and he made hot LZ landings.  However, there are no flight records in the available records and no means to determine whether he accrued sufficient qualifying combat missions.  Therefore, there is insufficient evidence on which to base award of the Air Medal in this case.

3.  He participated in two campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars.  His DD Form 214 should be corrected to show these service stars.



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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 9 November 1965 through 25 August 1967,

	b.  voiding his previous DD Form 214 and DD Forms 215 for the period ending 25 August 1967, and

	c.  issuing a new DD Form 214 to include his awards from his previous DD Form 214 and DD Forms 215 and adding the Army Good Conduct Medal (1st Award) and two bronze service stars for wear on his already-awarded Vietnam Service Medal.

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 award of 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)                                         AR20120007935



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ABCMR Record of Proceedings (cont)                                         AR20120007935



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