BOARD DATE:	  7 February 2013

		DOCKET NUMBER:  AR20120009075 


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 the following:

* Air Medal
* Valorous Unit Award
* four Republic of Vietnam Gallantry Cross with Palm Unit Citations
* three bronze service stars for wear on his previously-awarded Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Gold Star
* Meritorious Unit Commendation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The applicant states he received a number of awards and decorations which are not reflected on his DD Form 214.

3.  The applicant provides:

* DD Form 214 
* pages 1 and 3, DA Form 20 (Enlisted Qualification Record)
* General Orders Number 257
* excerpt from Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register)



COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests correction of the applicant's DD Form 214 as previously stated by the applicant.

2.  Counsel states, in part, the applicant's record contains General Orders Number 439 issued by Headquarters, II Field Force Vietnam, dated 2 February 1971, which show he was awarded the Air Medal for meritorious achievement while participating in sustained aerial flight for the period 1 through 21 January 1971.  However, the order only covers the applicant's first month in the Republic of Vietnam as a door gunner in the 3rd Squadron, 11th Armored Cavalry Regiment.  Counsel further states, in effect, that the applicant was transferred several times, performing duties as a door gunner in each of the subsequent units and is hoping the Board will find the applicant was awarded additional Air Medals.

3.  Counsel provides no additional evidence.

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 enlisted in the Regular Army on 28 May 1970.  He completed training and was awarded military occupational specialty 67N (UH-1 Helicopter Repairman).  He was stationed in the Republic of Vietnam from 18 December 1970 through 10 December 1971 where he was assigned to:

* Headquarters and Headquarters Troop, 3rd Squadron, 11th Armored Cavalry Regiment from 20 December 1970 through 3 March 1971
* 48th Aviation Company (Attack Helicopter) from 4 March through 30 April 1971
* 223rd Battalion, 11th Combat Aviation Group, 1st Aviation Brigade, from 1 to 2 May 1971
* Headquarters and Headquarters Company, 11th Combat Aviation Group, 1st Aviation Brigade, from 3 May through 8 December 1971

3.  The highest rank/grade he attained during this period of service was specialist four (SP4)/E-4.

4.  His record contains General Orders Number 439 issued by Headquarters, II Field Force Vietnam, dated 2 February 1971, which show he was awarded the Air Medal for meritorious achievement while participating in sustained aerial flight for the period 1 through 21 January 1971.  However, there are no orders or evidence in his official military records which authorize him award of additional Air Medals.

5.  On 29 May 1973, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows:

* Vietnam Service Medal with two bronze service stars
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar

6.  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.

7.  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.

8.  Army Regulation 600-8-22 states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  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 the Republic of Vietnam, participation credit was awarded for the following three campaigns:

* Vietnam Counteroffensive Phase VII
* Consolidation I
* Consolidation II

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet shows that during his assignment to the:

	a.  48th Aviation Company, his unit was cited for award of the Valorous Unit Award for the period 8 February through 24 March 1971 in Department of the Army General Orders (DAGO) Number 24, dated 1975; and

	b.  Headquarters and Headquarters Company, 11th Aviation Group, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March through 9 October 1971 in DAGO Number 6, dated 1974.

	c.  Paragraph 6 states that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units for the period 20 July 1965 to 28 March 1973.

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

10.  There is no indication he was assigned to units in Vietnam which were cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Gallantry Cross with Gold Star, or the Meritorious Unit Commendation during his period of assignment in Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  General Orders awarded him the Air Medal; therefore, he is entitled to correction of his DD Form 214 to show this award.  With respect to award of additional Air Medals, there is no available evidence in the applicant's record nor did he provide any evidence showing he was awarded additional Air Medals.  Therefore, there is insufficient evidence to show any additional Air Medals should be added to his DD Form 214.

2.  The applicant's unit was awarded the Valorous Unit Award during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this award.

3.  Department of the Army Pamphlet 672-3 shows Headquarters and Headquarters Company, 11th Aviation Group, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  In addition, DAGO Number 8 awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units for the period 20 July 1965 to 28 March 1973.  Therefore, his DD Form 214 should be corrected to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award).

4.  Records show the applicant participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

5.  There is no indication he was assigned to units in Vietnam which were cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Gallantry Cross with Gold Star, or Meritorious Unit Commendation during his period of assignment in Vietnam.  Therefore, there is no basis for granting this portion of his request.

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.  deleting the Vietnam Service Medal and Republic of Vietnam Gallantry Cross with Palm Unit Citation from his DD Form 214 and

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

* Air Medal
* Valorous Unit Award
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)

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 Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Gallantry Cross with Gold Star, and Meritorious Unit Commendation.



      ___________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)                                         AR20120009075



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ABCMR Record of Proceedings (cont)                                         AR20120009075



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