IN THE CASE OF:	  

		BOARD DATE:  4 March 2014

		DOCKET NUMBER:  AR20130010283 


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:

	a.  his period of service in Vietnam; 

	b.  he was awarded the – 

* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Air Medal (AM)
* "Air Crewmember Wings" (called the Aircraft Crew Member Badge at the time and now called the Aviation Badge)
* Presidential Unit Citation (PUC)
* Valorous Unit Award (VUA)
* RVN Gallantry Cross with Palm Unit Citation

	c.  his date of birth (DOB) is 28 November 1946.

2.  He also requests issuance of the decorations listed above.

3.  He states he was in Vietnam from April 1967 through April 1968, and there is nothing on his DD Form 214 that says he was there.  He was exposed to Agent Orange in Vietnam and needs the RVN Campaign Medal with Device (1960) to get in the right priority group.

4.  He provides his DD Form 214 and three pages from his DA Form 20 (Enlisted Qualification Record).

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 28 August 1966, the applicant underwent a pre-induction medical examination.  Item 12 (DOB) of the Standard Form 88 (Report of Medical Examination) and the Standard Form 89 (Report of Medical History) documenting the examination shows the entry "28/NOV/46."

3.  On 17 October 1966, he completed a DD Form 398 (Statement of Personal History).  In item 5 (DOB), he entered "28 November 1946."

4.  On 18 October 1966, he was inducted into the Army of the United States.  Item 5 (DOB) of his DD Form 47 (Record of Induction) shows the entry "2 Dec 1946."  

5.  After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).  

6.  Headquarters, 1st Brigade (Basic Combat Training), U.S. Army Training Center, Infantry, Fort Lewis, WA, issued Special Orders Number 26, dated 1 December 1966, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  

7.  Headquarters, Fort Polk, LA, issued Special Orders Number 043, dated 15 February 1967, awarding him the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).

8.  His DA Form 20 shows in:

* item 6 (DOB), the typewritten entry "2Dec46" with the handwritten entry "28 NOV 46" written above the item and lined through
* item 31 (Foreign Service), he was credited with service in Vietnam from 6 April 1967 through 3 April 1968
* item 38 (Record of Assignments), he was assigned to duty in Vietnam with Company B, 1st Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile) from 10 April 1967 to 1 April 1968

9.  Several other documents in his record show his DOB as 2 December 1946:

* DA Form 428 (Application for Identification Card), dated 28 May 1968
* DA Form 41 (Record of Emergency Data), undated
* Standard Forms 88 and 89, dated 23 July 1968

10.  On 17 October 1968, he was honorably released from active duty.  His DD Form 214 shows in:

	a.  item 9 (DOB), "2 Dec 46";

	b.  item 22c (Foreign and/or Sea Service), he served in the U.S. Army Pacific (USARPAC) for 11 months and 28 days; and 

	c.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – 

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge
* Bronze Star Medal
* Marksman Marksmanship Qualification Badge (M-16 Rifle)
* two Overseas Service Bars
* Army Commendation Medal

11.  His birth certificate is not available for review.

12.  His record is void of documentation showing he was awarded the AM or the Aircraft Crew Member Badge.  

13.  Review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders for the AM pertaining to the applicant.
14.  Army Regulation 600-8-22 (Military Awards) the AM 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.

15.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

16.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

17.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the AM.  It stated 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 AM.  However, the regulation was clear that these guidelines were considered only a departure point.

18.  Army Regulation 600-8-22 states:  

	a.  The RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

	b.  A bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  During his service in Vietnam with 1st Battalion, 7th Cavalry, he participated in three campaigns – 

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)

19.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crew Member Badge.  Commanders of any unit with Army aircraft assigned could publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge.  To be eligible for temporary award of the Aircraft Crew Member Badge an individual had to be on flying status in the case of crew chiefs, electronic sensor system operators, and flight engineers or as a non-crewmember in the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors.  Individuals were also required to be qualified based on a Class III physical examination and to hold a principal duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector.  These personnel were authorized to wear the badge temporarily until relieved from those duties or they could be authorized permanent wear of the Aircraft Crew Member Badge once they fulfilled the regulatory requirements for permanent award of the badge.  

20.  For permanent award of the Aircraft Crew Member Badge, an individual must have performed in one of the duties specified above for not less than 12 months (not necessarily consecutive) or must have been school trained for a principal duty specified above.  Personnel who were precluded by incapacitation from further flight duty due to wounds sustained as a result of hostile action or injuries resulting from an aircraft accident for which they were not personally responsible were entitled to permanent wear of the Aircraft Crew Member Badge.  Further, an individual who participated in at least 15 combat missions under probable exposure to enemy fire while serving in the principal duty of crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector was entitled to permanent award of the Aircraft Crew Member Badge.

21.  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.  1st Battalion, 7th Cavalry, was cited for award of the – 

* VUA for the period 1 to 31 October 1967, by Department of the Army General Order (DAGO) Number 39, dated 1970
* RVN Gallantry Cross with Palm Unit Citation for the period 17 November 1965 to 19 May 69, by DAGO 59, dated 1969, as amended by DAGO 70, dated 1969

	b.  Company B, 1st Battalion, 7th Cavalry, was cited for award of the PUC for the period 12 December 1966 to 18 February 1967, by DAGO 2, dated 1973.

22.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the regulation in effect at the time of the applicant's release from active duty contained guidance for preparation of the DD Form 214.  The regulation did not provide for an entry specifying an individual had served in Vietnam.

23.  An interim change to Army Regulation 635-5, dated 15 December 1971, stated to indicate Indochina and Korea service performed on or after 5 August 1964 in item 30 (Remarks) of the DD Form 214 by entering inclusive dates of service for Vietnam and indicating "Yes" or No" for service in Indochina and Korea.  To show Vietnam service only, e.g., enter "Vietnam – 25 Apr 71 thru 28 May 71, Indochina – Yes, Korea – No."

DISCUSSION AND CONCLUSIONS:

1.  The DOB the applicant claims is correct was entered on documents that were prepared prior to his induction.  However, when he was inducted a different DOB was recorded, and this DOB was used throughout his active duty service.  It is unclear why the DOB he provided was not used as his DOB during his active duty service; however, it appears an administrative error occurred.  It would be appropriate to amend his DD Form 214 to show the DOB he claims is correct.  

2.  Absent orders awarding him the AM or official documentation confirming that such orders were published, there is an insufficient basis upon which to correct his DD Form 214 to show award of the AM.  While the available evidence is insufficient for awarding the applicant an AM, this in no way affects his right to pursue his claim for the AM by submitting a request through his Member of Congress under the provisions of 10 USC 1130.
3.  The record is void of documentation indicating he met the criteria for permanent award of the Aircraft Crew Member Badge or that orders were published awarding him this badge.  Therefore, there is no basis for correcting his DD Form 214 to show this badge.

4.  He completed a period of service in Vietnam qualifying for award of the RVN Campaign Medal with Device (1960).  He is entitled to correction of his DD Form 214 to show this award.

5.  The evidence shows he participated in three campaigns during his service in Vietnam, which entitles him to three bronze service stars for wear on his already-awarded VSM.  His DD Form 214 should be corrected to show these bronze service stars.

6.  He was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60) and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  He is entitled to correction of his DD Form 214 to show these badges.

7.  His unit was cited for award of the PUC, VUA, and RVN Gallantry Cross with Palm Unit Citation for periods that coincided with his assignment.  His DD Form 214 should be corrected to show these unit awards.

8.  When the applicant was released from active duty, the regulation governing preparation of the DD Form 214 did not require an entry specifying service in Vietnam.  Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed the remarks section of the form.  Accordingly, there would be no harm in adding an entry to item 30 of his DD Form 214 showing he served in Vietnam from 6 April 1967 through 3 April 1968.

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.  replacing the entry in item 9 of his DD Form 214 with "28 Nov 46";

	b.  deleting the VSM from item 24 of his DD Form 214;

	c.  adding the following awards to item 24 of his DD Form 214:

* VSM with three bronze service stars
* RVN Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* PUC
* VUA
* RVN Gallantry Cross with Palm Unit Citation

	d.  adding the entry "Vietnam – 6 Apr 67 thru 3 Apr 68, Indochina – Yes, Korea – No" to item 30 of his DD Form 214; and

	e.  issuing his awards and decorations to him.

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 AM and the Aircraft Crew Member Badge.  



      _______ _  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)                                         AR20130010283





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ABCMR Record of Proceedings (cont)                                         AR20130010283



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