IN THE CASE OF:	  

		BOARD DATE:	  4 August 2015

		DOCKET NUMBER:  AR20140021599 


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 Combat Infantryman Badge (CIB), Air Medal (AM), and all awards he may be entitled to. 

2.  He states he left the Republic of Vietnam (RVN) and was released from active duty before the medals were issued. 

3.  He provides his DD Form 214 and DA Form 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 was inducted into the Army of the United States on 9 February 1966.  He served in the RVN from 1 October 1967 to on or about 27 January 1968 and was assigned to A Troop, 7th Squadron, 17th Cavalry Regiment in military occupational specialty 11B (light weapons infantryman).  He served 
1 year, 11 months, 19 days of total active service and he was honorably released from active duty on 27 January 1968 as an overseas returnee.

3.  His DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal (VSM) 
* RVN Campaign Medal with Device (1960)
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)

4.  Headquarters, U.S. Army Vietnam, Special Orders Number 58, dated 
27 February 1968, contained in his official military personnel records, shows he was awarded the CIB.

5.  There are no orders in his military personnel record that show he was awarded the AM.  His record is also void of any documentation logging the type of missions and the number of flight hours he accrued during his tour of duty in the RVN.  Additionally, the AM is not listed on his DA Form 20 (Enlisted Qualification Record).

6.  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.

7.  Army Regulation 600-8-22 (Military Awards) provides that 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.


8.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, provided guidelines for award of the AM.  It defined terms and conditions 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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders was required.

9.  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, 7th Squadron, 17th Cavalry Regiment, to which he was assigned, was cited for the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 21, dated 1969.

10.  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 he participated in the Vietnam Counteroffensive Phase III campaign
(1 June 1967 - 29 January 1968).

DISCUSSION AND CONCLUSIONS:

1.  Orders awarded the applicant the CIB.  Therefore, his DD Form 214 should be corrected to show this award.

2.  His military personnel record does not contain any record showing the number or type of missions, nor does it contain any evidence which recorded the number of flight hours.  Also, there is no evidence of record that shows he was recommended for award of the AM by higher authority.  Therefore, there is insufficient evidence to grant this award.

3.  The evidence of record shows he is entitled to wear the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The evidence also shows he participated in one campaign during his service in Vietnam.  Therefore, he is entitled to correction of his records to show one bronze service star 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. deleting the Vietnam Service Medal from his DD Form 214; and

	b.  adding to his DD Form 214 the:

* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with one bronze service star

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 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)                                         AR20140021599





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ABCMR Record of Proceedings (cont)                                         AR20140021599



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