IN THE CASE OF:	  

		BOARD DATE:  7 November 2013

		DOCKET NUMBER:  AR20130004892 


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 (Certificate of Release or Discharge from Active Duty) to show twenty-one awards of the Air Medal and an individual award of the Republic of Vietnam (RVN) Gallantry Cross.

2.  The applicant states he received the RVN Gallantry Cross in conjunction with his receiving the Air Medal with "V" Device.

3.  The applicant provides copies of:

* DD Form 214
* Citation for the Air Medal (third through twenty-first awards)
* General Orders Number 4935, 1st Aviation Brigade, dated 26 June 1971

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 30 June 1970, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 67N (UH-1 Helicopter Repairman).

3.  On 17 December 1970, the applicant departed Fort Rucker, Alabama for duty in the RVN.

	a.  He was subsequently assigned to the 128th Aviation Company, 1st Aviation Brigade as a helicopter repairman.

	b.  General Orders Number 4935, 1st Aviation Brigade, dated 26 June 1971, announced award of the Air Medal with "V" Device to the applicant for heroism on 13 April 1971.

	c.  General Orders Number 6149, 1st Aviation Brigade, dated 2 September 1971, announced award of the Air Medal (second award) to the applicant for meritorious achievement during the period 1 to 17 February 1971.

	d.  General Orders Number 287, 1st Aviation Brigade, dated 29 January 1972, announced award of the Bronze Star Medal to the applicant for meritorious service during the period 7 January to 15 December 1971.

	e.  He departed the RVN on or about 14 December 1971 for duty in the United States.

4.  The applicant provided a copy of a citation which lists the third through the twenty-first award of the Air Medal.  There were no official orders accompanying this document. 

5.  On 1 March 1972, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E-4 and had completed 1 year, 
8 months, and 1 day of creditable active duty service.

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

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Purple Heart
* RVN Campaign Medal [with 1960 Device]
* Aircraft Crewman Badge
* Air Medal with Numeral 1 and "V" Device
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

7.  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.

8.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), failed to reveal any orders awarding the applicant a third or subsequent award of the Air Medal.  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.

9.  Army Regulation 600-8-22 (Military Awards):

	a.  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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Second and subsequent awards of the Air Medal during the period of the applicant's service were denoted by oak leaf clusters.  Arabic numerals are currently 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 Air Medal. The "V" Device denotes when one or more of the Air Medals were for heroism.

	b.  Appendix B of this regulation shows that based on the applicant's dates of service in the RVN, he participated in the following three campaign periods: the Vietnam Counteroffensive, Phase VII; and the Consolidation I and II.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

10.  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 128th Aviation Company, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 54, dated in 1974, for award of the RVN Gallantry Cross with Palm Unit Citation; and in DAGO Number 32, dated in 1973 for award of the RVN Civil Actions Honor Medal First Class Unit Citation.

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; 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.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) stated the RVN Gallantry Cross as a personal decoration was awarded to personnel who conducted themselves with heroic action and displayed deeds of valor while fighting the enemy.  The more gallant and noteworthy the act is, the higher the level of the award.  This decoration was awarded in four degrees: with Palm, with Gold Star, with Silver Star, and with Bronze Star.  Approval to accept and to wear a personal award of the RVN Gallantry Cross required approval by the Commanding General of United States Army, Vietnam.  As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show twenty-one awards of the Air Medal and an individual award of the RVN Gallantry Cross.

2.  General orders clearly show the applicant was twice awarded the Air Medal, once for heroism, and again for meritorious achievement.  The applicant has provided a copy of a citation indicating that he was also awarded 19 additional medals.  Unfortunately, he did not provide a copy of the orders announcing these awards and such orders are not in his records or otherwise available for review.  Accordingly, the available evidence only supports correcting his DD Form 214 to show award of the Air Medal with Numeral 2 and "V" Device.

3.  General orders clearly show the applicant was awarded the Bronze Star Medal for meritorious service.  Therefore, this medal should be shown on his 
DD Form 214.

4.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist four, receiving personal decorations for heroism, meritorious achievement and service, and for achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

5.  The applicant’s unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, these two foreign unit awards should be shown on his DD Form 214.

6.  The applicant's contention that he was awarded an individual award of the RVN Gallantry Cross is not supported by any evidence of record.  Furthermore, he has not provided a copy of the original citation from the foreign government, with translation, and the letter authorizing him to receive and wear the decoration.  These documents were normally provided to the Soldier at the time the award was made and approved for acceptance.  Without the documentation, his DD Form 214 should not be corrected to show this foreign award.

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

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 from his DD Form 214: "Vietnam Service Medal w/2 Bronze Service Stars" and "Air Medal w/Numeral 1 & "V" Device";

	b.  awarding him the Army Good Conduct Medal for the period 
30 June 1970 to 1 March 1972;
	c.  showing, in addition to the awards already shown on his DD Form 214, that his awards include:

* Bronze Star Medal
* Air Medal with Numeral 2 and "V" Device
* Army Good Conduct Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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 more than two Air Medals and an individual award of the RVN Gallantry Cross.



      _______ _  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)                                         AR20130004892





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ABCMR Record of Proceedings (cont)                                         AR20130004892



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