IN THE CASE OF:	

		BOARD DATE:	  30 July 2015

		DOCKET NUMBER:  AR20140020847 


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 the Air Medal (8th Oak Leaf Cluster) with "V" Device.   

2.  The applicant states:

* he was awarded the Air Medal (8th Oak Leaf Cluster) with "V" Device for heroism while participating in aerial flight in Vietnam on 29 December 1968
* this award was presented to him in 1970 while serving on the Police Department in Texas 
* he believes this award missed him as he left the 134th Assault Helicopter Company in Tuy Hua, Vietnam in May 1969
* for some reason the award was never listed on or updated to his 
DD Form 214 
* he wants this corrected because in Texas an Air Medal recipient is exempt from annual vehicle registration and parking fees

3.  The applicant provides:

* DD Form 214
* Certificate showing award of 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's records show he enlisted in the Regular Army on 9 June 1966 and he held military occupational specialty 67A (Door Gunner).  

3. Headquarters, 3rd Training Brigade, U.S. Army Training Center, Fort Gordon, GA, published the following Special Orders (SO):

* SO Number 157 on 27 September 1966 awarded him the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) 
* SO Number 169 on 17 October 1966 awarded him the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar (106 mm) 

4.  He served in Vietnam from on or about 3 October 1967 to on or about 6 May 1969.  He was assigned as follows: 

* from 23 October 1967 to 29 September 1968, Headquarters and Headquarters Company, 3rd Battalion, 503rd Infantry Regiment
* from 5 October 1968 to 6 May 1969, 134th Assault Helicopter Company 

5.  His records do not contain orders awarding him any awards of the Air Medal.  However, his records contain an unsigned/undated USARV Form 157-R, (Recommendation for Decoration for Valor or Merit).  His company commander recommended him for award of the Army Commendation Medal.  In the block titled Previous Awards, an entry is shown as follows "AM "V" 29 Dec 68, pending" meaning Air Medal with "V" Device, for an action that occurred on 29 December 1968, and the orders are pending. 

6.  He provides a certificate, dated 23 July 1969, that shows he was awarded the Air Medal (8th Oak Leaf Cluster) for heroism in Vietnam on 29 December 1968.  However, no permanent/general orders could be found. 
7.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 8 May 1969.  His DD Form 214 shows he completed 2 years, 10 months, and 6 days of active service with 24 days of lost time.  He was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16)
* three overseas service bars 
* Combat Infantryman Badge 
* Army Commendation Medal
* Aircraft Crewmember Badge 
* Parachute Badge 

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

	a.  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.  Oak leaf clusters designate second or subsequent awards of the Air Medal.  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. 

	b.  The oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the (appropriate decoration).

	c.  The bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  Although more than one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one "V" device may be worn on awards of these medals.

9.  U.S. Army Vietnam Regulation 672-1 also provided guidelines for award of the Air Medal.  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 Air Medal.  However, the regulation was clear that these guidelines were considered only a departure point.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that during his service in Vietnam, campaign participation credit was awarded for the below campaigns.  It also states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign.  A silver service star denotes five bronze service stars.

* 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)
* Tet 69/Counteroffensive (23 February - 8 June 1969)

11.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his tenure with the Headquarters and Headquarters Company, 3rd Battalion, 503rd Infantry Regiment from 23 October 1967 to 29 September 1968, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 22 October 1967 to 26 September 1970, by DA General Orders (GO) Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders that confirm the applicant was awarded the Air Medal (8th Oak Leaf Cluster) and with "V" Device.  However, his records contain a recommendation for another award that mentions the Air Medal with "V" Device as a pending previous award.  He also provides a certificate showing he was awarded the Air Medal (8th Oak Leaf Cluster) and with "V" Device, on a date that is consistent with the date mentioned on the recommendation for that other award.  There is sufficient evidence to support his contention.  Therefore, his DD Form 214 should be corrected to show the Air Medal (8th Oak Leaf Cluster) and with "V" Device.

2.  GO awarded his unit of assignment in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show this unit award. 
3.  He was awarded the Vietnam Service Medal.  Additionally, he participated in six campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to one silver and one bronze service star to be affixed to his Vietnam Service Medal.

4.  SO awarded him the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) and the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar (106 mm); therefore, his DD Form 214 should be corrected to show these badges. 

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: 

* deleting from his DD Form 214 the Vietnam Service Medal 
* adding to his DD Form 214 the:

* Air Medal (8th Oak Leaf Cluster) and with "V" Device
* Vietnam Service Medal with one silver and one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Pistol Bar          (.45 Caliber)
* Expert Marksmanship Qualification Badge with Recoilless Rifle Bar (106 mm)


      _______ _   _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)                                         AR20140020847





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ABCMR Record of Proceedings (cont)                                         AR20140020847



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