IN THE CASE OF:    

		BOARD DATE:  19 February 2015	  

		DOCKET NUMBER:  AR20140011438 


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 the following awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 15 May 1970:

* Air Medal
* Army Good Conduct Medal
* Presidential Unit Citation (Navy)
* Arrowhead device
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The applicant states, in effect, these awards were not included on his 
DD Form 214.

3.  The applicant provides:

* his DD Form 214
* a letter, dated 15 September 2004, from the Department of Veterans Affairs (VA) Medical Center, Coatesville, PA
* criteria for the Air Medal and Army Good Conduct Medal from the internet
* a listing from the internet showing awards for the 4th Battalion, 503rd Infantry


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 16 May 1968, he was inducted into the Army of the United States.  

3.  Headquarters (HQ), U.S. Army Training Center (USATC), Infantry and Fort Polk, Fort Polk, LA Special Orders Number 224, dated 4 September 1968, awarded him the First Class Gunner Marksmanship Qualification Badge (now known as the Sharpshooter Marksmanship Qualification Badge) with Machinegun Bar.

4.  HQ, USATC, Infantry, Fort Dix, NJ Special Orders Number 188, dated 6 July 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar.

5.  He was assigned to the 4th Battalion, 503rd Infantry, 173rd Airborne Brigade in the Republic of Vietnam from 24 November 1968 to 10 November 1969.  He participated in four campaigns.

6.  On 15 May 1970, he was released from active duty.  He completed 2 years of active service that was characterized as honorable.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Combat Infantryman Badge
* Army Commendation Medal
* Parachutist Badge
* Bronze Star Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

7.  There are no orders awarding him the Air Medal or Army Good Conduct Medal in his Military Personnel Records Jacket (MPRJ).
8.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

9.  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 awarding him the Air Medal.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  

	a. Paragraph 7 (Assault landing credits) states Department of the Army General Order (DAGO) 48, 1971, as amended by DAGO 8, 1979 announced
award of assault landing credits to participating units in an airborne assault in the vicinity of Katum, Republic of Vietnam, between the hours of 0900 and 0907, inclusive 22 February 1967.  The Arrowhead device is authorized for wear on the Vietnam Service Medal for this assault landing in Vietnam.

	b.  Paragraph 8a(4) states the Arrowhead device is authorized only for members of the 173rd Airborne Brigade who actually participated in a landing in the vicinity of Katum, the Republic of Vietnam, between the hours of 0900-0907, inclusive, on 22 February 1967.

	c.  The 4th Battalion, 503rd Infantry was awarded the:

* Presidential Unit Citation (Navy) for the period 7 October - 4 December 	1966
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the 	period 5 May 1965 - 26 September 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 	for the period 15 April 1969 - 16 March 1971

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers).  Authorized service stars will be worn on the appropriate campaign medal, including the Vietnam Service Medal.

12.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards), in effect at the time, provided guidelines for award of the Air Medal. 
 
	a.  It defined the departure point for the award of the Air Medal based on sustained operations as 25 Category I missions and a minimum of 25 hours of flight time engaged in Category I missions (air assault and equally dangerous missions); 50 Category II missions and has accrued a minimum of 50 hours of flight time engaged in Category II missions (support rendered a friendly force immediately before, during or following a combat operation); or 100 Category III missions and a minimum of 100 hours of flight time engaged in Category III missions (support of friendly forces not connected with an immediate combat operation but which must be accomplished at altitudes which make the aircraft at times vulnerable to small arms fire, or an operation conducted under hazardous weather or terrain conditions).  

	b.  However, the regulation was clear that these guidelines were considered only a departure point.  Nothing created an entitlement to the award.  To the contrary, the award was limited to individuals whose accomplishments and service for the entire group of missions must reflect meritorious performance throughout, with no instance of non-professionalism, mediocrity, or failure to display an offensive spirit.  The individual must not have caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident.  The individual must have continuously demonstrated a high degree of air discipline.  And the individual’s performance of duty must have been clearly exceptional in every respect during the period for which recommended.  There was no provision for making the award simply because an aircraft was struck by enemy fire.

	c.  Appendix IV required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status will be submitted on USARV Form 157-R (Recommendation for Decoration for Valor or Merit).  The recommendation for award must also state that the individual has "met the required number of missions and hours for award of the Air Medal," that "the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident, or incident," and that the "individual’s accomplishments and service throughout the period have reflected meritorious performance, with no instance of non-professionalism, mediocrity, or failure to display an aggressive spirit."

13.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded, 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. There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

14.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 16 May 1968 to 15 May 1970 ending with termination of a period of Federal military service.

2.  Orders in his MPRJ show he was awarded the:

* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar
* Expert Marksmanship Qualification Badge with Rifle Bar.

3.  There is no available evidence or official documentation showing the categories of the missions or the number of hours flown by the applicant.  Therefore, there is insufficient evidence upon which to base award of the Air Medal in this case.

4.  While the available evidence is insufficient for awarding the applicant an Air Medal this in no way affects the applicant’s right to pursue his claim for the Air Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

5.  Based on his service with the 4th Battalion, 503rd Infantry, 173rd Airborne Brigade he is authorized the:
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

6.  He was not assigned to the 4th Battalion, 503rd Infantry, 173rd Airborne Brigade during the period for which the unit was awarded the Presidential Unit Citation (Navy).  He was not assigned to the 173rd Airborne Brigade when members of the unit participated in an assault landing on 22 February 1967.  Therefore, he is not authorized this unit award or an Arrowhead device.

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.  Awarding him the Army Good Conduct Medal (First Award) for the period of service 16 May 1968 to 15 May 1970.

	b.  Amending his DD Form 214 with an effective of 15 May 1970 by deleting the Vietnam Service Medal and adding the:

* Army Good Conduct Medal (First Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar

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, Presidential Unit Citation (Navy) and the Arrowhead device.  




      _______ _   _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)                                         AR20140011438



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ABCMR Record of Proceedings (cont)                                         AR20140011438



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