IN THE CASE OF:	  

		BOARD DATE:	  4 September 2014

		DOCKET NUMBER:  AR20140002123 


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 the Army Commendation Medal (ARCOM) with "V" Device (5th Award) and multiple awards of the Air Medal (AM).

2.  The applicant states the ARCOM with "V" Device was the fifth award of the ARCOM he received in Vietnam.  He states he lost his copy of this award.

3.  The applicant provides no additional documentary evidence.

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's military records show he enlisted in the Regular Army on 5 January 1967.  He completed training and was awarded military occupational specialty 91B (Medical Specialist).

3.  On 29 March 1968 he was discharged for the purpose of immediate reenlistment.  On 30 March 1968, he immediately reenlisted for 3 years.

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

* item 31 (Foreign Service) – he was credited with service in Vietnam beginning on 5 May 1968
* item 38 (Record of Assignments) – he was assigned to Headquarters and Headquarters Company, 3d Battalion, 47th Infantry, 9th Infantry Division, performing duties as a medical specialist during the period 19 May 1968 to 3 May 1969
* item 41 (Awards and Decorations) - special orders awarded him the following badges not listed on his DD Form 214:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  On 8 July 1968, Headquarters, 9th Infantry Division, issued General Orders Number 5479 awarding him the Bronze Star Medal (BSM) with "V" Device for heroism on 26 May 1968.

6.  On 28 September 1968, Headquarters, 9th Infantry Division, issued General Orders Number 9411 awarding him the ARCOM with "V" Device for heroism on 19 August 1968.

7.  On 4 April 1969, Headquarters, 9th Infantry Division, issued General Orders Number 4010 awarding him the ARCOM with first oak leaf cluster for action from 18 May 1968 to 23 February 1969.

8.  On 18 April 1969, Headquarters, 9th Infantry Division, issued General Orders Number 4691 awarding him the ARCOM with third oak leaf cluster for action from May 1968 to April 1969.

9.  His record is void of orders for the ARCOM with second oak leaf cluster and fourth oak leaf cluster.

10.  On 28 April 1969, Headquarters, 9th Infantry Division, issued General Orders Number 5040 awarding him the AM for meritorious achievement while participating in sustained aerial flight from 6 June 1968 to 28 March 1969.
11.  On 31 March 1971, he was honorably released from active duty after completing a total of 4 years, 2 months, and 12 days of active service.

12.  His DD Form 214 shows he was awarded or authorized the:

* Army Good Conduct Medal
* National Defense Service Medal
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Vietnam Service Medal (VSM)
* Purple Heart 
* BSM
* ARCOM
* AM
* Combat Medical Badge
* two overseas service bars

13.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the AM.  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.  

14.  Missions were divided into three categories.  To be recommended for award of the AM, 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 AM for sustained operations, different computations would have had to be made to combine category I, II, and III flight times and adjust it to a common denominator.

15.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states 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.  As with all personal decorations, formal recommendations, approval through the chain of command and announcement in orders is required.

16.  A review of his record indicates entitlement to additional awards not listed on his DD Form 214.

17.  Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.   It states 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.  His service in Vietnam coincided with four campaigns:

* Vietnam Counteroffensive Phase IV (2 April-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive (23 February-8 June 1969)

18.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  

19.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows Headquarters and Headquarters Company, 3d Battalion, 47th Infantry, 9th Infantry Division, was awarded the following during his assignment to the unit:

* Meritorious Unit Commendation for the period 1 January-31 December 1968
* RVN Gallantry Cross with Palm Unit Citation for the period 1 December 1966-30 June 1968 and January-June 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966-28 June 1969

20.  Paragraph 6 of Department of the Army Pamphlet 672-3 states that not more than one RVN Gallantry Cross with Palm Unit Citation will be worn by any individual.  The regulation provides that although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the ARCOM with "V" Device and ARCOM with first and third oak leaf clusters.  However, there are no orders for award with the second and fourth oak leaf clusters.  Additionally, it appears based on the overlap in the time period for the ARCOMs with first and third oak leaf clusters that the ARCOM with third oak leaf cluster was intended for the purpose of covering his remaining service in Vietnam.  As such, there is only sufficient evidence to support correction of his DD Form 214 to show the ARCOM with "V" Device (3d Award).

2.  His record is void of any orders or other documents that indicate he was ever recommended for or awarded additional AMs by proper authority.  Regrettably, there are no flight logs or other evidence in the available records to verify the number or categories of any missions he flew while serving in Vietnam.  Therefore, there is an insufficient evidentiary basis for awarding him additional AMs.

3.  General Orders Number 5479 awarded him the BSM with "V" Device.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  Evidence shows he participated in four campaigns while serving in Vietnam.  Therefore, it would be appropriate to show his already-awarded VSM with four bronze service stars on his DD Form 214.

5.  The unit he was assigned to was awarded the Meritorious Unit Commendation, two awards of the RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation during his service with that unit in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

6.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to have his DD Form 214 corrected to show these qualification badges.

7.  In view of the foregoing, he is entitled to have his records corrected as shown below.

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 the ARCOM, BSM, and VSM from his DD Form 214 for the period ending 31 March 1971 and

	b.  adding to his DD Form 214 for the period ending 31 March 1971 the following awards:

* ARCOM with "V" Device (3d Award)
* BSM with "V" Device
* VSM with four bronze service stars
* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation (2nd Award)
* RVN Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

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 fifth award of the ARCOM and multiple AMs.  



      _______ _   __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)                                         AR20140002123



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ABCMR Record of Proceedings (cont)                                         AR20140002123



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