IN THE CASE OF:	  

		BOARD DATE:	  26 March 2015

		DOCKET NUMBER:  AR20140013519 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Air Medal and any awards he may be authorized. 

2.  The applicant states he flew several combat assault missions in the Republic of Vietnam (RVN).

3.  The applicant provides no additional evidence.

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 13 February 1967, the applicant was inducted into the Army of the United States.  After completing initial entry training, he was awarded military occupational specialty 11C (Infantry Indirect Fire Crewmember) and assigned to duty in the RVN. 

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

* item 31 (Foreign Service) he served in the RVN from 17 July 1967 through 15 July 1968
* item 38 (Record of Assignments) he was assigned to Company A, 2nd Battalion, 1st Infantry, 196th Light Infantry Brigade, from 22 July 1967 to 10 July 1968
* item 41 (Awards and Decorations) no entry for the Air Medal

4.  On 12 February 1969, he was honorably released from active duty after completing 2 years of total active service.  His DD Form 214 shows he was awarded or authorized the:

* Good Conduct Medal (1st Award)
* National Defense Service Medal
* Overseas Service Bar (2)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Rifle, Pistol, and Mortar Bars
* Bronze Star Medal
* Army Commendation Medal
* Combat Infantryman Badge
* Vietnam Service Medal with two bronze service stars
* RVN Campaign Medal with Device "1960"

5.  His record is void of flight records or any documentation showing completed flight hours.

6.  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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders for award of the Air Medal for the applicant.

7.  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.  

8.  A review of his record indicates he is entitled to additional awards not shown on his DD Form 214.

9.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with four campaigns:  

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

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction to his DD Form 214 to show award of the Air Medal and any awards he may be authorized.

2.  The applicant contends he flew several combat assault missions in the RVN; however, there are no general orders available that show he was awarded the Air Medal.  The governing regulation requires a formal recommendation, approval through the chain of command, and announcement in orders for award of the Air Medal.  In the absence of orders or other independent evidence that would confirm he completed the number of missions necessary to be awarded the Air Medal, there is insufficient evidence upon which to base award of the Air Medal in this case.

3.  The record shows he was assigned to a unit in the RVN during a period for which the unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  His records show he participated in four campaigns; therefore, it would be appropriate to add two additional bronze service stars to his previously awarded VSM with two bronze service stars.

5.  In view of the above, he should be granted partial relief.

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.  deleting the Vietnam Service Medal with two bronze service stars

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

* RVN Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with four bronze service stars

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 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)                                         AR20140013519



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ABCMR Record of Proceedings (cont)                                         AR20140013519



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