IN THE CASE OF:	  

		BOARD DATE:	  11 June 2014

		DOCKET NUMBER:  AR20130016653 


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:

* Bronze Star Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal

2.  The applicant states, in effect, there was poor record keeping.  He is trying to change his veteran's health status from Group 8 to Group 6.

3.  The applicant provides:

* DD Form 214
* Bronze Star Medal Certificate and Citation
* Army Commendation Medal Certificate
* Congressional correspondence
* DA Form 2496 (Disposition Form)

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 12 May 1970.

3.  He served in Vietnam during the period 15 October 1970 to 14 October 1971.  While in Vietnam, he was assigned as follows:

* 23rd Administration Replacement Detachment from 24 October 1970 to 30 October 1970
* Company D, 1st Battalion, 6th Infantry, 198th Brigade from 31 October 1970 to 3 April 1971
* Headquarters and Headquarters Company, 198th Brigade, 23rd Infantry Division from 4 April 1971 to 17 June 1971
* Company D, 1st Battalion, 6th Infantry, 198th Brigade, from 18 June 1971 to 9 October 1971

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

* Item 38 (Record of Assignments), he received all "excellent" conduct and efficiency ratings throughout his service
* Item 41 (Awards and Decorations):

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Army Commendation Medal with "V" Device
* 2 Overseas Service Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
(M-16)

5.  General orders (GO) issued by Headquarters, 23rd Infantry Division awarded the applicant the following:

* GO Number 2965, dated 18 March 1971, Army Commendation Medal with "V" Device
* GO Number 10565, dated 23 September 1971, Bronze Star Medal
6.  A DA Form 2496, dated 9 October 1971, provided by the applicant and filed in his records shows he completed 29 combat hours and 29 combat missions toward award of the Air Medal during the period 3 April 1971 through 17 September 1971.  His record does not contain and he does not provide orders awarding him the Air Medal.

7.  On 23 December 1971, he was honorably released from active duty in the rank of private first class after completing 1 year, 7 months, and 12 days of total active service with no lost time.  His DD Form 214 shows award of the following:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* "Army Commendation Medal w/60 Dev" (Army Commendation Medal with "V" Device)
* 2 Overseas Service Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
(M-16)

8.  There is no evidence of any derogatory information or a commander's disqualification that would have disqualified the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.  

9.  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, and similar devices awarded in recognition of accomplishments.

   a.  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 two campaigns:
   
*	Vietnam Counteroffensive Phase VII (1 July 1970 – 30 June 1971)
*	Consolidation I (1 July 1971 – 30 November 1971)

   b.  The Republic of Vietnam 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.
   
10.  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.  

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

	a.  Combat missions were divided into three categories.  A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force or delivery of friendly troops or supplies into the immediate combat operations area.  A category II mission was characterized by support rendered a friendly force immediately before, during, or immediately following a combat operation.  A category III mission was characterized by support of friendly forces not connected with an immediate combat operation but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire or under hazardous weather or terrain conditions.

	b.  To be recommended for award of the Air Medal, an individual must have completed a minimum of 25 category I missions, 50 category II missions, or 100 category III missions.  Since various types of missions would have been completed in accumulating flight time toward award of an Air Medal for sustained operations, different computations were made to combine category I, II, and III flight times and adjust them to a common denominator.

12.  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 1st Battalion, 6th Infantry and Headquarters and Headquarters Company, 198th Infantry Brigade were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order Number 6, dated 1974, for the period 1 March 1971 through 9 October 1971.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Bronze Star Medal and units to which he was assigned while in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these award entitlements.

2.  The applicant served a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960); therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  Records show the applicant participated in two campaigns during his service in Vietnam that entitles him to two 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.  The applicant served honorably during the period 12 May 1970 through 23 December 1971.  He received all "excellent" conduct and efficiency ratings throughout his period of service with no disciplinary actions or a commander's disqualification.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

5.  Sufficient evidence has been presented showing the applicant completed the required number of combat missions and hours for award of the Air Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

6.  The Army Commendation Medal is listed incorrectly on the applicant's DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show award of the Army Commendation with "V" Device.

BOARD VOTE:

____x___  ___x____  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 "Army Commendation Medal w/60 Dev" from his DD Form 214,
   
   b.  awarding him the Army Good Conduct Medal (1st Award) for the period 12 May 1970 through 23 December 1971; 
   
   c.  awarding him the Air Medal (1st Award) for the period 3 April 1971 through 17 September 1971; and 

	d.  adding the following to his DD Form 214:

		*	Bronze Star Medal
* Air Medal (1st Award)
* Army Commendation Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* 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



      _______ _   _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)                                         AR20130016653



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ABCMR Record of Proceedings (cont)                                         AR20130016653



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