IN THE CASE OF:	  

		BOARD DATE:	  5 February 2015

		DOCKET NUMBER:  AR20140009245 


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 award of the Air Medal.

2.  The applicant states he had completed sufficient air-assault missions to be awarded the Air Medal but hadn't received it before he was wounded and evacuated from Vietnam.

3.  The applicant provides copies of his DD Form 214 (Report of Transfer or Discharge), an email message from a retired colonel, his promotion orders to specialist four (E-4), Daily Staff Journals for November 1968 and 29 December 1967, and an air assault summary matrices for July through December 1967 (less November). 

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 on 12 December 1966.  Following basic and advanced individual training (AIT) as an infantryman he served in Vietnam with the 1st Cavalry Division.

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

* item 29 (Qualification in Arms) – Expert Rifle M-14, Expert Recoilless Rifle, Expert .45 Pistol, and Marksman M-16 Rifle 
* item 38 (Assignments) – service with D Company, 1st Battalion, 8th Cavalry from 7 July 1967 through 11 January 1968
* item 40 (Wounds) – "Multi frag face, right shoulder, chest, abdomen & both legs"
* item 41 (Awards and Decorations) – “Expert Badge,” National Defense Service Medal Vietnam Service Medal, Combat Infantryman Badge (CIB), 1st Overseas Service Bar, Republic of Vietnam (RVN) Campaign Medal with Device "1960," Purple Heart, and Army Good Conduct Medal

4.  The applicant was awarded the CIB by 1st Cavalry Division orders on 22 September 1967 and advanced to pay grade E-4 on 22 October 1967.

5.  The applicant was wounded on 29 December 1967 and evacuated out of Vietnam on 11 January 1968.  Following recovery he was an AIT instructor for about 8 months.  He was honorably separated on 11 December 1968 and transferred to the U.S. Army Reserve.

6.  He was promoted to sergeant (E-5) on 20 November 1968 and released from active duty on 11 December 1968.  His DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal (with Device "1960"), Expert Marksmanship Qualification Badge with Rifle Bar, Combat Infantryman Badge, Army Good Conduct Medal, and the Purple Heart.

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.  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.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) shows – 

* 1st Battalion, 8th Cavalry Artillery was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by Department of the Army (DAGO) Number 59 of 1969.

9.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded for qualifying service in Vietnam between 3 July 1965 and 28 March 1973.  Qualifying campaign periods for bronze service stars are authorized include the Vietnam Counteroffensive Phase III from 1 June 1967 through 29 January 1968.

10.  In support of his request the applicant submitted:

	a.  The air assault summary matrices for July through December 1967 (less November) showing  the applicant's unit made 4 combat assaults in July 1967, 6 in August; 4 in September, 13 in October and unidentified platoons on the company made 8 more; 7 in December and unidentified platoons of the company made 6 more.

	b.  The Daily Staff Journal kept by the battalion S2s and S3s for November 1967 showing  the applicant's unit made 3 air assault landings during that month.

	c.  An email message from an individual identified as Colonel Jim P___ (Retired) who wrote, "Tom – Saw your note on the air assault site,  I was the Battalion Adjutant (1/8 Cav) from Jul 67-Aug 67 and again from Mar 68-Jun 68.  C Co Commander the rest of the time.  It was division policy that Air Medals were awarded along with the CIB for individuals assigned to line companies.  It may have been awarded to you and just not be on your record.  If I can help, let me know.  Jim P____"

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he had completed sufficient air-assault missions to be awarded the Air Medal but hadn't received it before he was wounded and evacuated from Vietnam.
2.  The applicant joined D Company, 1st Battalion, 8th Cavalry on 7 July.  He was awarded the CIB on 22 September 1967, wounded on 19 December 1967, and subsequently evacuated to the United States.

3.  The air assault matrices and staff journals indicate that the applicant's infantry company had completed approximately 37 air assault missions during the July through December 1967 time period.  Unidentified platoons of the company had completed 14 more, in which the applicant may have participated.

4.  In light of the USARV regulatory requirement that 25 air assault missions were considered qualifying for the Air Medal and that the retired Colonel Jim P____ 's assertion that 1st Cavalry Division policy called for awarding the CIB and the Air Medal at the same time it would be appropriate, as an exception to the policy, that timely orders are normally required to award the applicant the Air Medal.

5.  The applicant's battalion was awarded the RVN Gallantry Cross with Palm Unit Citation for a period that included the applicant's tour of duty.

6.  He is authorized one bronze service star for wear on the Vietnam Service Medal.

7.  He was awarded the Expert Marksmanship Qualification Badge with Recoilless Rifle and Pistol Bars that are not listed on his DD Form 214.

8.  All of the above awards should be listed on the applicant's DD Form 214.

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.  Awarding him the Air Medal for achievement on 29 December 1967; 
	b.  correcting his DD Form 214 by deleting the Vietnam Service Medal; and

	c.  by adding to his DD Form 214 – 

* the Air Medal
* Vietnam Service Medal with one bronze service star
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* the Recoilless Rifle and Pistol Bars for wear on the Expert Marksmanship Qualification Badge 



      ___________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)                                         AR20140009245





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ABCMR Record of Proceedings (cont)                                         AR20140009245



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