IN THE CASE OF:	  

		BOARD DATE:	  10 March 2015

		DOCKET NUMBER:  AR20140012391 


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 award of 26 Air Medals.

2.  The applicant states:

* his DD Form 214 does not show award of the 26 Air Medals he was awarded for his meritorious service in Vietnam
* his first Air Medal was awarded on 2 October 1968 for hours flown from 28 April 1968 to 6 May 1968
* he had no proof he was awarded 26 Air Medals until now

3.  The applicant provides Headquarters, 1st Aviation Brigade, General Orders Number 6829, dated 2 October 1968.

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 25 February 1966.

3.  Headquarters, U.S. Army Training Center, Special Orders Number 111, dated 24 April 1966, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  187th Aviation Company (Airmobile Light), Unit Order Number 4, dated 21 January 1967, awarded him the Aircraft Crewman Badge.

5.  Headquarters, U.S. Army Southeastern Signal School, Special Orders Number 199, dated 12 September 1967, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  He served in Vietnam during the period 2 April 1968 through 13 February 1969 and he participated in three campaigns.  While in Vietnam, he was assigned to the 117th Aviation Company (Assault Helicopter).

7.  Headquarters, 1st Aviation Brigade, General Orders Number 6829, dated 2 October 1968, awarded him the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period 28 April 1968 to 6 May 1968.

8.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded or authorized the:

* National Defense Service Medal
* Aircraft Crewman Badge
* Vietnam Service Medal
* Army Good Conduct (1st Award)
* Purple Heart
* Marksman Marksmanship Qualification Badge with Rifle Bar

9.  His records show he received all "excellent" conduct and efficiency ratings and are void of documentation showing he was awarded the Army Good Conduct Medal.  There is no evidence of any derogatory information or a commander's disqualification that would have disqualified the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.

10.  On 15 February 1969, he was honorably released from active duty.  He completed 2 years, 11 months, and 21 days of active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Purple Heart
* Air Medal with "V" Device
* Vietnam Service Medal
* Army Commendation Medal
* Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar

11.  Headquarters, 1st Aviation Brigade, General Orders Number 1443, dated 30 March 1969, awarded him the Air Medal with 1st through 21st Oak Leaf Cluster for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period 7 May 1968 to 15 January 1969.

12.  Headquarters, 1st Aviation Brigade, General Orders Number 2603, dated 5 June 1969, awarded him the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 29 November 1968.

13.  His records are void of and he failed to provide any evidence showing he was awarded additional Air Medals.  His records are also void of orders issuing him the Air Medal with "V" Device.

14.  His records are void of orders issuing him the Army Commendation Medal without "V" Device.

15.  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 the 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.

16.  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:

	a.  A bronze star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

	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.  Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal, etc.

	c.  The marksmanship 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.  Award of marksmanship badges is not permanent.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification.  In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.

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 the 117th Aviation Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 22 February 1967 through 17 May 1968 by Department of the Army General Orders Number 21, dated 1969.

18.  Military Personnel Message Number 00-138, dated 10 April 2000, changed the name of the Aircraft Crew Member Badge to the Aviation Badge and changed the criteria for award of the Basic, Senior, and Master Aviation Badges.  The Basic Aviation Badge may be authorized for temporary award or for permanent award while the Senior Aviation and Master Aviation Badges may only be authorized for permanent award.  The commander of any Army unit which has Army aircraft assigned may authorize temporary award of the Basic Aviation Badge to qualified personnel in the unit.  Such individuals must be performing in-flight duties and authority to wear the badge must be announced in published orders.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of 26 Air Medals was carefully considered.

2.  His DD Form 214 shows he was awarded the Air Medal with "V" Device.  His records show general orders awarded him 22 Air Medals (without "V" Devices).  Therefore, he is entitled to correction of his DD Form 214 to show award of the Air Medal with Numeral 22.

3.  His records are void of and he failed to provide evidence showing he was awarded any additional Air Medals.  Therefore, there is an insufficient evidentiary basis to add additional Air Medals to his DD Form 214.

4.  Although his records are void of the orders issuing him the Army Commendation Medal, his DD Form 214 shows this award.  General orders awarded him the Army Commendation Medal with "V" Device subsequent to his separation.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Army Commendation Medal with "V" Device.

5.  He participated in three campaigns during his service in Vietnam that authorized him to three bronze service stars with his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these service stars.

6.  The unit to which he was assigned while serving in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

7.  He served honorably during the period 25 February 1966 through 15 February 1969.  He received all "excellent" conduct and efficiency ratings throughout his period of service with no evidence of a commander's disqualification.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

8.  Although the applicant originally qualified as Marksman with the M-14 rifle, he later qualified as Expert with the M-14 rifle.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) in lieu of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

9.  The evidence of record shows he was awarded the Aircraft Crew Member Badge (now known as the Basic Aviation Badge).  Therefore, he is entitled to correction of his DD Form 214 to show award of the Basic Aviation Badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 (1st Award) for the period 25 February 1966 through 15 February 1969;

	b.  deleting the following awards from his DD Form 214:

* Vietnam Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar

	c.  adding the following awards to his DD Form 214:

* Air Medal with Numeral 22
* Army Commendation Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Basic Aviation Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)



2.  The Board further determined 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 adding additional Air Medals to his DD Form 214.



      _____________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)                                         AR20140012391



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ABCMR Record of Proceedings (cont)                                         AR20140012391



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