BOARD DATE:	  15 January 2015

		DOCKET NUMBER:  AR20140007907 


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 add the Bronze Star Medal and the Air Medal.

2.  The applicant also requests these awards be corrected to show his social security number (SSN) as "0XX-XX-XXXX" vice "1XX-XX-XXXX." 

3.  The applicant states, in effect, the SSN listed on awards is incorrect.  Additionally, he would like his record corrected to show the Bronze Star Medal and Air Medal.

4.  The applicant provides:

* Social Security Card
* DD Form 214 for the period ending on 21 September 1969
* Special Order (SO) Number 62, dated 9 October 1970
* DA Forms 67-6 (U.S. Army Officer Efficiency Report) for the rating periods 
7 April 1970 through 6 April 1971 and 6 April 1971 through 4 June 1971
* DA Forms 759-1 (Individual Flight Record and Flight Certificate – Army), dated June 1970, November 1970, December 1970, and January – February 1971
* DD Form 214 for the period ending on 11 June 1971
* Certificate and citation for award of the Air Medal, dated 29 June 1971
* Letter, dated 7 December 1971

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 enlisted in the Regular Army on 22 May 1968.  His record contains a DD Form 398 (Statement of Personal History), DA Form 20 (Enlisted Qualification Record), and DD Form 214 for the period ending on 21 September 1969 which show his SSN as "0XX-XX-XXXX."  

3.  His DD Form 214 shows he was honorably discharged from active duty on 
21 September 1969 to accept a commission as a warrant officer but does not list the Air Medal or the Bronze Star Medal.

4.  His record contains a DA Form 71 (Oath of Office- Military Personnel), which shows he was appointed as a Reserve Warrant Officer on 22 September 1969.  This form lists his SSN as "0XX-XX-XXXX."

5.  His DA Form 67-6 or the rating period 7 April 1970 through 6 April 1971 shows his SSN as "0XX-XX-XXXX."  However, his DA Form 67-6 for the rating period 6 April 1971 through 4 June 1971 shows his SSN as "1XX-XX-XXXX."  Additionally, these evaluations show he was assigned to the 159th Medical Detachment, Vietnam.

6.  His record contains several DA Forms 759 and 759-1 (Individual Flight Record and Flight Certificate – Army), covering the periods October 1969 to May 1971.  These forms show SSN as "0XX-XX-XXXX" and that during the 12-month period from June 1970 to May 1971, he flew 201 combat missions and logged 849 hours of pilot combat time.  The forms covering the period 12 June 1970 to 14 May 1971 show he was assigned to the 159th Medical Detachment, Vietnam.

7.  He provided a certificate and citation for award of the Air Medal, dated 
29 June 1971.  Both documents show his SSN as "1XX-XX-XXXX" and state he was awarded the Air Medal for the period 12 June 1970 to 17 June 1971.
8.  His record contains a letter, issued by Headquarters, U.S. Army Vietnam, on 6 September 1971.  It shows he was assigned to the 159th Medical Detachment, 68th Medical Group, Vietnam. It listed his SSN as "0XX-XX-XXXX" and authorized him to wear the Republic of Vietnam Gallantry Cross with Silver Star.

9.  A 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 for the Air Medal or the Bronze Star Medal pertaining to the applicant.

10.  He was honorably released from active duty on 17 June 1971.  His DD Form 214 listed his SSN as "0XX-XX-XXXX" and his last unit of assignment as the 159th Medical Detachment, Vietnam.  This form also shows he completed 1 year, 8 months, and 20 days of net active service, of which 1 year and two days was credited as foreign service and he served in Vietnam from 5 June 1970 to 6 June 1971.  Additionally, he was awarded or authorized the:

* National Defense Service Medal
* Army Good Conduct Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Aviation Badge
* two overseas service bars

11.  He provided a certificate and a citation for award of the Air Medal.  He also provided a letter, issued by the U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO (currently referred to as the U.S. Army Human Resources Command (HRC)), dated 7 December 1972, and stating they were forwarding him a copy of his certificate and citation for award of the Air Medal because his commander provided these to HRC after his discharge.  However, the commander did not provide General Orders (GO) authorizing the award and that, if received, HRC would forward a copy of the GO to the applicant.  This letter listed his SSN as "0XX-XX-XXXX."

12.  He also provided Special Order (SO), Number 62, issued by the Republic of Vietnam, on 9 October 1970, awarding him the Republic of Vietnam Gallantry Cross with Silver Star.  These orders listed his SSN as "0XX-XX-XXXX."

13.  Army Regulation 600-8-22 (Military Awards) states 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.  

14.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal.  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 would have had to be made to combine category I, II and III flight time and adjust it to a common denominator.

15.  Army Regulation 600-8-22 states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

16.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal and 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, participation credit was awarded for the DA Sanctuary Counteroffensive (1 May 1970 - 30 June 1970) and Vietnam Counteroffensive, Phase VII (1 July 1970 - 30 June 1971) campaigns.

17.  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, that during his service in Vietnam, the 159th Medical Detachment was cited for award of the:

* Meritorious Unit Commendation for the period 1 May 1970 to 30 April 1971, by DAGO number 5, dated 1973
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 26 October 1968 to 30 September 1970, by DAGO Number 5, dated 1973

DISCUSSION AND CONCLUSIONS:

1.  There is insufficient evidence in the available record to shows he was awarded the Bronze Star Medal.  The governing Army regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendation, approval through the chain of command, and announcement in orders are required.

2.  The evidence of record shows he completed 201 combat missions while serving in Vietnam.  Therefore, he is entitled to award of the Air Medal (1st through 8th Award) and correction of his DD Form 214 for the period ending on 11 June 1971 to add these awards.  However, the Army no longer issues certificates of award containing SSNs.  Therefore, he should be issued a new certificate in accordance with current regulatory guidance.

3.  SO awarded him the Republic of Vietnam Gallantry Cross with Silver Star; therefore, he is entitled to correction of his DD Form 214 for the period ending on 11 June 1971.  Therefore, he is entitled to correction of his DD Form 214 for the period ending on 11 June 1971 to show this foreign award.

4.  The evidence of record shows that during his service in Vietnam he participated in two campaigns.  Therefore, he is entitled to correction of his DD Form 214 for the period ending on 11 June 1971 to show two bronze service stars affixed to his previously-awarded Vietnam Service Medal.

5.  During his assignment to the 159th Medical Detachment in Vietnam, GO awarded his unit the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to add these unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x_____  ___x_____  ___x__  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 Air Medal (1st through 8th Award) for the period 5 June 1970 to 6 June 1971 and issuing him the accompanying certificate of award 
* deleting from his DD Form 214 for the period ending on 11 June 1971, the Vietnam Service Medal
* addng to his DD Form 214 for the period ending on 11 June 1971:

* Air Medal (1st through 8th Award)
* Republic of Vietnam Gallantry Cross with Silver Star
* Vietnam Service Medal with two bronze service stars
* Meritorious Unit Commendation 
* 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 Bronze Star 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)                                         AR20140007907





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ABCMR Record of Proceedings (cont)                                         AR20140007907



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