IN THE CASE OF:	  

		BOARD DATE:  22 October 2013

		DOCKET NUMBER:  AR20130004173 


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 the awards of the Army Good Conduct Medal and the Air Medal.

2.  The applicant states he fulfilled the requirements for the Army Good Conduct Medal and should be awarded this medal.  He believes he is eligible to receive the Air Medal based on his Vietnam service as an infantryman who participated in air mobile operations with the 2nd Battalion, 47th Infantry, 9th Infantry Division in 1968 and 1969.

3.  The applicant provides no additional evidence in support of his application.

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.  On 17 July 1968, he enlisted in the Regular Army.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).  On 1 July 1969, he was awarded MOS 17K (Ground Surveillance Radar Crewman).

3.  He served in the Republic of Vietnam from 15 December 1968 to 9 December 1969.  He served in MOS 11C the entire time that he served in Vietnam.  He was assigned to:

* Company B, 2nd Battalion, 47th Infantry from 22 December 1968 to 
15 July 1969
* Headquarters and Headquarters Company (HHC), 3rd Brigade, 
9th Infantry Division from 16 July to 30 September 1969
* Company E, 5th Battalion, 60th Infantry, 3rd Brigade, 9th Infantry Division from 1 October to 9 December 1969

4.  He was promoted to sergeant on 1 June 1969.

5.  On 16 July 1970, he was released from active duty.  He completed 2 years of active service that was characterized as honorable.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Army Commendation Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar

6.  There is no evidence in his Army Military Human Resource Record (AMHRR) showing he was recommended for or awarded the Air Medal. 

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show any indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  

	a.  During his assignment to the 2nd Battalion, 47th Infantry the unit was awarded the:

       (1)  Republic of Vietnam Gallantry Cross with Palm Unit Citation from January - June 1969; and

       (2)  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation from 19 December 1966 - 28 June 1969.

   b.  During his assignment to HHC, 3rd Brigade, 9th Infantry Division the unit was awarded the:

       (1)  Republic of Vietnam Gallantry Cross with Palm Unit Citation from
29 July 1969 - 20 July 1970; and

       (2)  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation from 26 July 1969 - 20 July 1970.

	c.  Not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  However, although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.

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

	a.  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.  Nothing created an entitlement to the award.  

	b.  Appendix IV required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status be submitted on USARV Form 157-R (Recommendation for Decoration for Valor or Merit).  The recommendation for award must have also stated that the individual had "met the required number of missions and hours for award of the Air Medal,” and that "the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident,” and that the "individual’s accomplishments and service throughout the period have reflected meritorious performance, with no instance of non-professionalism, mediocrity, or failure to display an aggressive spirit."

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in table B-1.  Authorized service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.

	b.  Based on his dates of service in Vietnam, table B-1 shows he participated in the:

* Vietnam Counteroffensive, Phase VI Campaign (2 November 1968 - 	22 February 1969)
* Tet 69 Counteroffensive, 1969 Campaign (23 February 1969 - 8 June 	1969)
* Vietnam Summer - Fall 1969 Campaign (9 June 1969 - 31 October 	1969)
* Vietnam Winter - Spring 1970 Campaign (1 November 1969 - 30 April 	1970)

11.  Army Regulation 672-5-1 (Awards), in effect at the time, 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
* the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. 

12.  Award of the Army Good Conduct Medal required that the enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service, and he was promoted to sergeant in less than 2 years.  Therefore, the preponderance of the evidence shows the applicant is entitled to the Army Good Conduct Medal (1st Award) based on completion of qualifying service from 17 July 1968 to 
16 July 1970 ending with termination of a period of Federal military service.

2.  There is no evidence or official documentation showing the applicant met the requirements for the award of the Air Medal.  There are no orders in his AMHRR for the award or a USARV Form 157-R recommending him for the Air Medal.  
Therefore, there is insufficient substantive evidence to award the Air Medal in this case.   

3.  He participated in four campaigns during his service in Vietnam.  Therefore, he is authorized four bronze service stars to be worn on his Vietnam Service Medal.  

4.  Based on his service with the 2nd Battalion, 47th Infantry he is authorized the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

5.  Based on his service with HHC, 3rd Brigade, 9th Infantry Division he is authorized the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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
17 July 1968 to 16 July 1970.

	b.  Deleting the following awards from his DD Form 214:

* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
	(2 Awards)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 	(2 Awards)

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)                                         AR20130004173



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130004173



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1