IN THE CASE OF:    

		BOARD DATE:  23 July 2015  	  

		DOCKET NUMBER:  AR20140020495 


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 military service records to show award of the Air Medal (AM).

2.  The applicant states he was awarded the AM for his service in the Republic of Vietnam (RVN); however, the award is not recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of his DD Form 214 and a National Personnel Records Center (NPRC) letter.

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 13 April 1966 for a period of 
3 years.

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

* item 31 (Foreign Service):  Vietnam from 23 August 1967 through 
29 November 1968
* item 38 (Record of Assignments):  Headquarters and Headquarters Detachment, 11th Combat Aviation Battalion, from 3 September 1967 through 22 November 1968
* item 41 (Awards and Decorations), no entry for the AM

4.  A review of the applicant's military personnel records shows Headquarters, 1st Aviation Brigade, General Orders (GO) Number 1650, dated 25 March 1968, and GO Number 7444, dated 7 November 1968, announced award of the AM to the applicant for meritorious achievement from 12 October 1967 to 29 February 1968.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 26 November 1968.  He completed 2 years, 7 months, and 14 days of total active duty service this period that included 1 year, 3 months, and 4 days of foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Parachutist Badge
* Army Commendation Medal
* Vietnam Service Medal
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge

6.  In support of his request the applicant provides a copy of an NPRC, St. Louis, MO, letter, dated 24 November 2014, that shows he was informed that he was authorized the following awards:

* Soldiers' Medal
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with 1 Silver Service Star
* Combat Infantryman Badge
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle and Machinegun Bars
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar
* Army Aviation Badge (Basic)
* Parachutist Badge (Basic)
* Pathfinder Badge

7.  A review of the applicant's military personnel records reveals he may be entitled to additional awards that are not shown on his DD Form 214.

8.  Headquarters, U.S. Army Training Center (USATC), Infantry, Fort Benning, GA, Special Orders (SO) Number 125, dated 27 May 1966, awarded him the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.

9.  Headquarters, 3rd Training Brigade (Infantry), USATC, Fort Gordon, GA, 
SO Number 161, paragraphs 5 and 6, dated 4 October 1966, show the applicant was awarded the:

* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle 
(M-16) Bar
* Expert Marksmanship Qualification Badge with Machinegun (M-60) Bar

10.  Headquarters, U.S. Army Vietnam (USARV), SO Number 53, dated
22 February 1968, awarded the applicant the Pathfinder Badge (Permanent).

11.  Headquarters, 1st Aviation Brigade, GO Number 3871, dated 18 June 1968, awarded the applicant the Soldier's Medal for heroism on 9 December 1967.

12.  Headquarters, 11th Combat Aviation Battalion, SO Number 306, dated
7 November 1968, awarded him the Aircraft Crewman Badge (Permanent).

13.  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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any additional award orders pertaining to the applicant.


14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It shows Headquarters and Headquarters Detachment, 11th Combat Aviation Battalion, was cited for award of the:

* Meritorious Unit Commendation for the period 1 January 1967 through
31 December 1967 in Department of the Army General Orders (DAGO) Number 48 (1968)
* RVN Gallantry Cross with Palm Unit Citation for the period 22 February 1967 through 17 May 1968 in DAGO Number 21 (1969) as amended by DAGO Number 18 (1979)

15.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  Chapter 1 (Introduction), paragraph 1-19 (Duplication of awards), shows that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious achievement/service.

   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 (e.g., personnel in the attack elements of units involved in air-land assaults against an armed enemy).

   c.  The Vietnam Service Medal (VSM) 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.  A bronze service star will be awarded for wear on the VSM for participation in each credited campaign.  A silver service star may be worn in lieu of five bronze service stars.

	d.  Appendix B contains a list of Vietnam Conflict campaigns.  During the applicant's service in Vietnam, participation credit was awarded for the following 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)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

   e.  The RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

	f.  Military Personnel (MILPER) message number 00-138 (date/time group 101221Z April 2000) changed the name of the Aircraft Crewman/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.  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 contends that his records should be corrected to show the AM.

2.  The evidence of record shows:

   a.  on two separate dates, GOs announced award of the AM to the applicant for meritorious achievement for the period 12 October 1967 to 29 February 1968.  The governing Army regulation shows that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious achievement.  Thus, it appears that administrative error occurred when his award of the AM was announced twice in GOs.  Therefore, it is concluded that he is entitled to correction of his records to show one award of the AM;

   b.  GOs awarded the applicant the Soldier's Medal for heroism;

   c.  the applicant qualified for award of the VSM and he participated in five campaigns during his service in Vietnam.  Thus, it would be appropriate to show he is authorized one silver service star for wear on his already-awarded VSM;
   
   d.  the applicant qualified for award of the RVN Campaign Medal with Device (1960);

   e.  DAGOs awarded the applicant's unit the:

* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation


   f.  SOs awarded the applicant the:

* Expert Marksmanship Qualification Badge with Rifle (M-14) and Machinegun (M-60) Bars
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle (M-16) Bar
* Pathfinder Badge
* Army Aviation Badge (formerly the Aircraft Crewman Badge)

3.  Therefore, in view of the foregoing, it would be appropriate at this time to correct his records to show the following awards and decorations.

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.  deleting from item 24 of his DD Form 214 the "Vietnam Service Medal" and

	b.  adding the following awards to item 24 of his DD Form 214:

* Soldier's Medal
* Air Medal
* Vietnam Service Medal with 1 Silver Service Star
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle (M-14) and Machinegun (M-60) Bars
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle (M-16) Bar
* Pathfinder Badge
* Army Aviation Badge (Basic)




      _______ _   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)                                         AR20140020495



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ABCMR Record of Proceedings (cont)                                         AR20140020495



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