IN THE CASE OF:	  

		BOARD DATE:	  30 September 2014

		DOCKET NUMBER:  AR20140003030 


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:

* Air Medal
* Army Good Conduct Medal
* Vietnam Service Medal with one bronze service star
* Vietnam Campaign Medal
* Valorous Unit Award

2.  The applicant states:

	a.  He was wounded in action in Vietnam on 29 October 1971 while assigned to Company C, 1st Battalion, 12th Cavalry, 1st Calvary Division.  He was discharged from the Army after his hospitalization at Great Lakes Naval Hospital and he was not aware of these additional awards.

	b.  He is entitled to the Air Medal because he flew in about 15 combat assaults, including into hot landing zones, and he had to be extracted from the jungle after he was wounded in action and while under fire.  He is entitled to the Army Good Conduct Medal because he served his country with honor.  He is entitled to the bronze service star for the campaign he fought in and his unit was awarded the Valorous Unit Award while he was in Vietnam.

3.  The applicant provides his DD Form 214, DD Form 215 (Correction to DD Form 214 - Report of Separation from Active Duty), and a citation.
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 June 1970 and he held military occupational specialty 11B (Light Weapons Infantryman).  He was promoted to the rank/grade of sergeant (SGT)/E-5 on 26 February 1971.

3.  He served in Vietnam while assigned as follows from:

* 8 July to 7 October 1971, as a squad leader with Headquarters and Headquarters Company (HHC), 1st Battalion, 12th Cavalry
* 8 to 31 October 1971, as a squad leader with Company C, 1st Battalion, 12th Cavalry

4.  He was medically evacuated from Vietnam and on 1 November 1971 he was assigned in a patient status to a hospital in Guam.  On 10 November 1971, he was assigned in a patient status to the U.S. Naval Hospital, Great Lakes, IL.

5.  He was honorably released from active duty on 11 January 1972 in the rank of SGT and he was transferred to the U.S. Army Reserve.  He completed 1 year, 7 months, and 10 days of creditable active service with no lost time.

6.  The DD Form 214 he was issued shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Machine Gun Bar    (M-79)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45) 

7.  On 19 May 1976, a DD Form 215 was issued that added the:

* Purple Heart
* Bronze Star Medal
* Combat Infantryman Badge

8.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  

9.  His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the fist award of the Army Good Conduct Medal (1st Award).

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.  His record does not contain a DA Form 759-1 (Individual Flight Record and Flight Certificate - Army) or orders awarding him the Air Medal.

12.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general and/or special orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders for the Air Medal pertaining to the applicant.

13.  Army Regulation 600-8-22 (Military Awards) 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.  The Republic of Vietnam Campaign Medal with 1960 Device 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.  Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal and served for less than 6 months in Vietnam but were wounded as a result of hostile action.

14.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of his record shows that during the applicant's service in Vietnam, he participated in one campaign.

15.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 1st Battalion, 12th Cavalry was cited for award of the:

* Valorous Unit Award, for the period 23 September 1971 through 25 October 1971 by DA General Orders (DAGO) Number 5, dated 1985
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 17 September 1965 through 1 June 1972 by DAGO Number 54, dated 1974

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served honorably from 2 June 1970 to 11 January 1972.  He served in Vietnam, attained the rank of SGT, and received all “excellent” conduct and efficiency ratings throughout his service.  His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him this medal and correct his DD Form 214 to show the medal.

2.  He served in Vietnam during a qualifying period for award of the Republic of Vietnam Campaign Medal with 1960 Device; therefore, his DD Form 214 should be corrected to show the medal.

3.  His record confirms during his service in Vietnam he participated in one campaign.  Therefore, he is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

4.  GO awarded his unit in Vietnam the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  With respect to the Air Medal, this medal is awarded in the time of war for heroism and for meritorious achievement or service while participating in aerial flight.  Notwithstanding his sincerity, the evidence of record is void of evidence showing how many combat air/land assaults he was involved in.  Therefore, he does not meet the criteria for award of the Air Medal.  Regrettably, there is an insufficient evidentiary basis upon which to award of the Air Medal or add it to his DD Form 214. 

6.  Nevertheless, this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 2 June 1970 through 11 January 1972
* deleting form his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with 1960 Device
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm 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 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)                                         AR20140003030





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ABCMR Record of Proceedings (cont)                                         AR20140003030



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