IN THE CASE OF:	  

		BOARD DATE:	 26 March 2015 

		DOCKET NUMBER:  AR20140013514 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* two awards of the Bronze Star Medal (BSM)
* Air Medal (AM)
* Army Good Conduct Medal (AGCM)
* all other awards he may be entitled to

2.  He states he has orders for two BSMs.  He also states he has submitted paperwork showing he was recommended for the AGCM.  However, he does not have any paperwork for the AM, but was told by the company commander that everyone assigned to A Company, 3rd Battalion, 506th Infantry Regiment, 101st Airborne Division in the Republic of Vietnam (RVN) would receive the award.  He says he was with the unit from October 1967 to September 1968 when he was severely wounded and medically evacuated to Japan.

3.  He provides:

* Self-authored statement
* Orders 5366, dated 5 September 1968
* Orders 6960, dated 8 October 1968
* Three DA Forms 137 (Installation Clearance Record)


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 4 January 1967 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in the RVN from 3 October 1967 to on or about 9 September 1968 and he was assigned to A Company, 3rd Battalion, 506th Infantry Regiment, 101st Airborne Division.  

3.  General Orders Number 5366, issued by Headquarters, 101st Airborne Division, dated 5 September 1968, awarded him the BSM for meritorious service in connection with military operations against a hostile force in the RVN from 
3 October 1967 to 2 October 1968.

4.  General Orders Number 6960, issued by Headquarters, 101st Airborne Division, dated 8 October 1968, awarded him the BSM for meritorious service in the RVN from 3 October 1967 to 2 October 1968.

5.  There are no orders or evidence in his military personnel record that show he was awarded the AM.  Additionally, there is no flight record in his available file for review.

6.  His DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his period of service.  Although his record indicates he had 4 days of lost time, there is no record of any Article 15s, courts-martial, or a commander's disqualification for the AGCM.

7.  He was honorably released from active duty on 7 January 1970 in the rank of sergeant (SGT)/E-5 and credited with completing 3 years of total active duty service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Army Commendation Medal
* BSM (shown as "BS")
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Purple Heart
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Machinegun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* RVN Gallantry Cross with Palm Unit Citation

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 orders for the AM pertaining to the applicant.

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

10.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the AM.  It established that 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 AM.  However, the regulation was clear that these guidelines were considered only a departure point.

11.  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.  To be recommended for award of the AM, 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 AM for sustained operations, different computations would have had to be made to combine category I, II, and III flight times and adjust it to a common denominator.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying. 

13.  Army Regulation 600-8-22 states only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War.  This pamphlet shows the 3rd Battalion, 506th Infantry Regiment, to which he was assigned, was cited for the Valorous Unit Award by Department of the Army General Orders (DAGO) Number 43, dated 1970 and the RVN Civil Actions Honor Medal First Class Unit Citation by DAGO Number 48, dated 1971.

15.  Appendix B of Army Regulation 600-8-22 states a bronze service star is awarded for wear on the VSM for participation in each campaign.  Appendix B shows participation credit was awarded for the following campaigns coinciding with the applicant's service in Vietnam:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968)



DISCUSSION AND CONCLUSIONS:

1.  General Orders Number 5366 and 6960 awarded the applicant the BSM for the same period of service.  As stated above, only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.  Therefore, he is prohibited by Army regulation to receive two BSMs for the same period of service.

2.  There are no general orders available that show he was awarded the AM.  The governing regulation requires a formal recommendation, approval through the chain of command, and announcement in orders for award of the AM.  In the absence of independent evidence that would confirm he completed the number of missions necessary to be awarded the AM, there is insufficient evidence upon which to base award of the AM in this case.

3.  The evidence of record shows he received "excellent" conduct and efficiency ratings and although he had 4 days of lost time, there is no record of any Article 15s, courts-martial, or a commander's disqualification for the AGCM.  Additionally, his record verifies that he was discharged as an E-5 and was awarded a Purple Heart, Combat Infantryman Badge, and a BSM.  Therefore, in the interest of equity he is entitled to the first award of the AGCM for the period 4 January 1967 to 7 January 1970 and correction of his DD Form 214 to show this award.

4.  The evidence of record shows he is entitled to wear the Valorous Unit Award and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these awards. 

5.  The evidence also shows he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show four bronze service stars for wear on his already-awarded VSM.

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 (1st Award) for the period
4 January 1967 to 7 January 1970;

   b.  deleting from his DD Form 214 the Vietnam Service Medal; and 
   
c. adding to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 
* Valorous Unit Award

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 award of the second Bronze Star Medal and 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)                                         AR20140013514





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ABCMR Record of Proceedings (cont)                                         AR20140013514



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