IN THE CASE OF:  	  

		BOARD DATE:  10 March 2015	  

		DOCKET NUMBER:  AR20140011658 


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 (Report of Transfer or Discharge) by adding the Army Commendation Medal, Air Medal and Bronze Star Medal.

2.  The applicant states that he was young and didn't know that having his DD Form 214 correct was important.

3.  The applicant provides copies of the orders with citation and the certificate for the Army Commendation Medal with "V" Device for heroism, and the citation and certificate for the Air Medal.

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 on 23 May 1968, completed training as a light weapons infantryman and was posted to Vietnam.

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

	a.  item 29 (Qualification in Arms) – 

* Expert Rifle M-14
* Marksman Rifle M-16
* Expert Machinegun M-60

	b.  item 31 (Foreign Service) – Vietnam from 22 October 1968 to 19 October 1969

	c.  item 38 (Record of Assignments) – 5 November 1968 through 15 October -Aero Scout, Headquarters and Headquarters Company, 11th Infantry Brigade

	d.  item 38 (Conduct and Efficiency) – exclusively "Excellent"

	e.  item 41 (Awards and Decorations) – 

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam (RVN) Campaign Medal with Device (1960-
* two Overseas Service Bars
* Expert Marksmanship Qualification Badge with Rifle and Machinegun Bars

4.  Americal Division General Orders Number 9461, dated 17 September 1969, awarded him the Bronze Star Medal for meritorious service for the period October 1968-October 1969.

5.  The applicant returned to the United States, served briefly at Fort Hood Texas, was honorably released from active duty (REFRAD) on 22 May 1970, and transferred to the U.S. Army Reserve as a staff sergeant, pay grade E-6.  His DD Form 214 lists his authorized awards: 

* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960
* Expert Marksmanship Qualification Badge with Rifle and Machinegun Bars

6.  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 U.S. Army Human Resources Command, failed to reveal any award orders pertaining to the applicant.

7.  In support of his request the applicant submitted copies of – 

* Americal Division General Orders 10643, Dated 15 October 1967 awarding him the Army Commendation Medal with "V" Device for heroism on in action on 18 June 1969 along with the associated certificate
* the certificate and citation for the Air Medal for the period 17 March to 30 April 1969 for participation, "in more than twenty-five aerial missions over hostile territory"

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

	a.   the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  The following four qualifying campaign periods coincide with the applicant's tour of duty – 

* Counteroffensive Phase V                                   1 July - 1 November 1968
* Counteroffensive Phase VI               2 November 1968 - 22 February 1969
* Tet 69/Counteroffensive                                     23 February - 8 June 1969
* Vietnam Summer - Fall 1969                               9 June - 31 October 1969

	b.  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.

9.  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.  

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.  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.

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 2 November 1966 through 28 February 1969 by Department of the Army General Order (DAGO) Number 2 of 1971 and for the period 24 August through 31 December 1969 by DAGO number 42 of 1972. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the Army Commendation Medal with "V" Device and the Air Medal be added to his DD Form 214.

2.  Americal Division General Orders 10643, Dated 15 October 1967 awarded him the Army Commendation Medal with "V" Device for heroism in action on 18 June 1969.  The applicant was also awarded the Bronze Star Medal for Meritorious service for the period October 1968 through 1969.

3.  He submitted copies of the Citation and Certificate for the Air Medal.  Although the implementing orders are not available; however, the evidence shows he served as a aero scout for his entire tour of duty.  It is virtually impossible that he didn’t qualify for the Air Medal under the USARV regulation then in effect.  It should be presumed to be an authorized award.

4.  The applicant served during four designated campaign periods and is authorized four bronze service stars on the Vietnam Service Medal

5.  Notwithstanding the absence of a recommendation for the Army Good Conduct Medal, it should be awarded at this late date.  The applicant clearly distinguished himself by his conduct and efficiency ratings, his progress to pay grade E-6 in only two years, and by his heroic and meritorious service.  Additionally, experience has shown that very few Vietnam Era Soldiers who did not serve at least three full years were awarded the Army Good Conduct Medal prior to REFRAD.

7.  During the applicant's tour of duty with the 11th Infantry Brigade it was awarded the RVN Gallantry Cross with Palm Unit Citation for two separate periods.

8.  The above awards should be shown in correct precedence on his DD Form 214.

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.  Awarding him the Army Good Conduct Medal (1st Award) for the period 23 May 1968 through 22 May 1970;

	b.  deleting the awards currently listed  on his DD Form 214; and 

	c.  showing on his DD Form 214 the his authorized awards are the – 

* Bronze Star Medal
* Air Medal
* Army Commendation Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with four bronze Service stars
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle (M-14) and Machinegun Bars
* Marksman Marksmanship Qualification Badge with Rifle (M-16)




      _______ _   _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)                                         AR20140011658





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ABCMR Record of Proceedings (cont)                                         AR20140011658



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