IN THE CASE OF:	  

		BOARD DATE:  15 January 2013

		DOCKET NUMBER:  AR20120008566 


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 Reports of Transfer or Discharge) to show he was awarded five Air Medals.

2.  The applicant states in December 1970 the 25th Infantry Division came home to Hawaii.  He was transferred to the 101st Airborne Division.  He received one Air Medal while assigned to this unit; however, he would like the five Air Medals that he earned.

3.  The applicant provides no additional information.

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
30 June 1969 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman). 

3.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.

4.  His record shows he was assigned to the following units during his period of service in Vietnam from 19 June 1970 to 25 April 1971:

* Company D, 2nd Battalion, 14th Infantry, 25th Infantry Division
* Headquarters and Headquarters Company, 1st Battalion (Airmobile), 501st Infantry, 101st Airborne Division
* Company D, 1st Battalion (Airmobile), 501st Infantry, 101st Airborne Division

5.  Headquarters, 101st Airborne Division (Airmobile), issued General Orders Number 545, dated 17 January 1971, which awarded him the Air Medal for the period 15 July 1970 to 15 December 1970.

6.  The same organization issued General Orders Number 3238, dated 19 April 1971, which awarded him the Bronze Star Medal for the period 1 June 1970 to 
30 April 1971.

7.  He was honorably released from active duty on 2 May 1971.  He completed 1 year, 10 months, and 3 days of total active service.  The DD Form 214 he was issued shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Army Commendation Medal (2nd Award)
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

8.  Item 41 (Awards and Decorations) of his DA Form 20 does not show the requested awards.  Further, his records do not contain orders awarding him four subsequent Air Medals.



9.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding the applicant five Air Medals.

10.  U.S. Army Vietnam (USARV) 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 these guidelines were considered only a departure point.

11.  Army Regulation 672-5-1 (Awards) 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.  There must have been no convictions by a court-martial.

12.  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:

   a.  The 2nd Battalion, 14th Infantry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 1965 through 30 September 1970 by Department of the Army General Order (DAGO) Number 5, dated 1973; and
   
   b.  The 1st Battalion, 501st Infantry was cited for two awards to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 March  through 9 October 1971 and the period 18 April through 31 August 1971 by DAGO Number 6, dated 1974.



13.  Paragraph 6 of this regulation states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

14.  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, the applicant participated in the following two campaigns:

* DA Sanctuary Counteroffensive (1 May 1970 - 30 June 1970)
* Vietnam Counteroffensive, Phase VII (1 July 1970 - 30 June 1971)

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show he was awarded five Air Medals.

2.  The governing regulation requires a formal recommendation, approval through the chain of command, and announcement in orders for award of the Air Medal.  General orders awarded him one Air Medal and his DD Form 214 should be corrected to show this award.  In the absence of orders or other independent evidence that would confirm he completed the number of missions necessary to be awarded additional Air Medals, there is insufficient evidence upon which to correct his record to show the award of four subsequent Air Medals in this case.

3.  General orders award him the Bronze Star Medal; therefore, it would be appropriate to correct his record to show this award.

4.  He received all "excellent" conduct and efficiency ratings during his period of service.  He was not the subject of any disciplinary action, and there is no record of a commander's disqualification for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of active Federal service and correct his DD Form 214 to show this award.

5.  He was awarded the Vietnam Service Medal and he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars for wear on the previously-awarded Vietnam Service Medal.

6.  His units in Vietnam were cited for three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.  However, he should be aware that although his units were awarded three Republic of Vietnam Gallantry Cross with Palm Unit Citations he may only display one on his uniform.

7.  In view of the above, he should be granted partial relief.

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

b. awarding him the Army Good Conduct Medal (1st Award) for the period 
30 June 1969 to 2 May 1971; and

c. adding the following awards to his DD Form 214:

*	Bronze Star Medal
* Air Medal
* Army Good Conduct Medal (1st Award)
*	Vietnam Service Medal with two bronze service stars
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award)



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 four additional Air Medals.





      _______ _  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)                                         AR20120008566





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ABCMR Record of Proceedings (cont)                                         AR20120008566



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