IN THE CASE OF:	  

		BOARD DATE:	  28 January 2014

		DOCKET NUMBER:  AR20130008364 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show three awards of the Air Medal.

2.  The applicant states he earned three awards of the Air Medal but only one is shown on his discharge document. 

3.  The applicant provides:

* DD Form 214
* Certificate for award of the Air Medal July 1967 to June 1968
* Certificate for award of the Air Medal July 1967 to July 1968
* Certificate for award of the Air Medal July 1967 to October 1967

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 2 February 1967 and he held military occupational specialty 11C (Infantry Indirect Fire Crewman).

3.  Special Orders (SO) Number 83, issued by Headquarters, U.S. Army Training Center, Fort Knox, KY, dated 24 March 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 

4.  SO Number 109, issued by Headquarters, Fort Polk, LA, dated 28 April 1967, awarded him the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).

5.  He served in Vietnam from on or about 5 July 1967 to on or about 3 July 1968.  He was assigned to Company B, 5th Battalion, 7th Cavalry Regiment,
1st Cavalry Division.

6.  General Orders (GO) Number 7112, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 27 November 1967, awarded him the Air Medal for meritorious achievement from July 1967 to October 1967.  He provides a resulting certificate.

7.  GO Number 5291, issued by same headquarters, dated 21 June 1968, awarded him the Air Medal for meritorious achievement from July 1967 to June 1968.  He provides a resulting certificate.

8.  He also provides a third certificate, dated 1 July 1968, that shows he was awarded the Air Medal for meritorious achievement from July 1967 to July 1968.  However, there is no GO of record and he does not provide a GO confirming this award.

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 United States Army Human Resources Command, failed to reveal any orders pertaining to the applicant for the Air Medal for the period July 1967 to July 1968.

10.  There is no record of any derogatory information or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal. Additionally, his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his military service.

11.  On 4 November 1968, he was honorably released from active duty at the expiration of his term of service in the rank/grade of sergeant (SGT)/E-5.  He completed 1 years, 9 months, and 3 days of total active service with no time lost. His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Combat Infantryman Badge
* Silver Star
* Vietnam Service Medal with bronze service star
* Air Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal

12.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:

	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, 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.

	b.  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 four campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* 
Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)

13.  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.

14.  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 the 5th Battalion, 7th Cavalry, was cited for award of the:

* Valorous Unit Award for the period 1 through 31 October 1967 by Department of the Army GO (DAGO) Number 39, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by DAGO Number 59, dated 1969

15.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant two awards of the Air Medal for his service in Vietnam.  His DD Form 214 only listed one award.  Therefore, his
DD Form 214 should be corrected to show these awards.

2.  There is no GO available that shows he was awarded a third award of the Air Medal.  The certificate he provides is insufficient in itself to support adding a third award, in addition to being for almost the exact same period as the Air Medal awarded by GO Number 5291.  The governing regulation requires a formal recommendation, approval through the chain of command, and announcement in 

orders for award of the Air Medal.  In the absence of orders or other independent evidence that would confirm he completed the number of missions necessary to be awarded a third award of the Air Medal, there is an insufficient evidentiary basis for granting this portion of the applicant's request.

3.  He participated in four campaigns while serving in Vietnam that entitled him to a total of four bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

4.  His unit in Vietnam was cited for award of the Valorous Unit Award and 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 these unit awards.

5.  The applicant served honorably during the period 2 February 1967 through 4 November 1968.  He served in Vietnam, attained the rank/grade of SGT/E-5, and he received all "excellent" conduct and efficiency ratings throughout his service.  There are no derogatory or disciplinary actions or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal
(1st Award) based on completion of qualifying service ending with the termination of a period of Federal military service and to correct his DD Form 214 to show this award.

6.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).  Therefore, his DD Form 214 should be corrected to show these marksmanship badges.

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:

* deleting from his DD Form 214 the Vietnam Service Medal with bronze service star and the Air Medal
* awarding him the Army Good Conduct Medal (1st Award) for the period 2 February 1967 through 4 November 1968
* adding to his DD Form 214 the:

* Air Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Pistol Bar
(.45 Caliber)

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 a third 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)                                         AR20130008364



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ABCMR Record of Proceedings (cont)                                         AR20130008364



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