IN THE CASE OF:  	  

		BOARD DATE:  25 August 2015	  

		DOCKET NUMBER:  AR20150000981 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect award of the Air Medal with 22 oak leaf clusters.

2.  The applicant states a Veterans Service Officer informed him that his DD Form 214 does not reflect award of the Air Medal which he was previously unaware of and he would like it corrected.

3.  The applicant provides:

* Headquarters, U.S. Army Medical Command, Vietnam (Provisional), General Orders Number 805, dated 2 May 1970
* U.S. Army Vietnam (USARV) Form 157-R (Recommendation for Decoration for Valor or Merit)
* DD Form 214

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 16 July 1968.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 16 July 1969 through 13 July 1970 where he was assigned as an air ambulance aidman to the 254th Medical Detachment, U.S. Army Pacific-Vietnam.  He participated in four campaigns.

4.  His records contain Headquarters, 44th Medical Brigade, Special Orders Number 243, dated 31 August 1969, assigning him as a non-aviator crewmember to the 254th Medical Detachment, where he performed duties as an air ambulance aidman.

5.  The applicant provided Headquarters, U.S. Army Medical Command, Vietnam (Provisional), General Orders Number 805, dated 2 May 1970, awarding him the Air Medal for meritorious achievement while participating in sustained aerial flight in support of combat ground forces in the Republic of Vietnam from 21 July 1969 through 4 August 1969.

6.  He also provided a USARV Form 157-R recommending him for award of the Air Medal (1st through 22d Oak Leaf Cluster) for dates of action from 21 July 1969 through 8 June 1970.  The following information was certified on the form:

	a.  he was on flying status and met the required number of missions and hours for award of the Air Medal as prescribed in USARV Regulation 672-1 (Decorations and Awards) and the organization's flight records support this;

	b.  he did not cause, either directly or indirectly, an aircraft abort, late take-off, accident, or incident.  He continuously demonstrated a high degree of air discipline.  Accomplishments and service throughout the period reflected meritorious performance with no instance of nonprofessionalism, mediocrity, or failure to display an aggressive spirit.  His performance of duty was clearly exceptional in every respect during the period for which recommended; and

	c.  he qualified for award of the Air Medal and oak leaf clusters with his Air Medal for the following inclusive dates:

* Air Medal (basic) – 21 July 1969-4 August 1969
* 1st Oak Leaf Cluster – 5 August 1969-14 August 1969
* 2nd Oak Leaf Cluster – 15 August 1969-20 August 1969
* 3rd Oak Leaf Cluster – 21 August 1969-27 August 1969
* 4th Oak Leaf Cluster – 28 August 1969-13 September 1969
* 5th Oak Leaf Cluster – 17 September 1969-27 September 1969
* 6th Oak Leaf Cluster – 28 September 1969-9 October 1969
* 7th Oak Leaf Cluster – 10 October 1969-22 October 1969
* 8th Oak Leaf Cluster – 24 October 1969-9 November 1969
* 9th Oak Leaf Cluster – 10 November 1969-21 November 1969
* 10th Oak Leaf Cluster – 22 November 1969-4 December 1969
* 11th Oak Leaf Cluster – 5 December 1969-1 January 1970
* 12th Oak Leaf Cluster – 2 January 1970-10 January 1970
* 13th Oak Leaf Cluster – 11 January 1970-21 January 1970
* 14th Oak Leaf Cluster – 22 January 1970-7 February 1970
* 15th Oak Leaf Cluster – 10 February 1970-23 February 1970
* 16th Oak Leaf Cluster – 26 February 1970-13 March 1970
* 17th Oak Leaf Cluster – 15 March 1970-7 April 1970
* 18th Oak Leaf Cluster – 8 April 1970-16 April 1970
* 19th Oak Leaf Cluster – 17 April 1970-1 May 1970
* 20th Oak Leaf Cluster – 2 May 1970-15 May 1970
* 21st Oak Leaf Cluster – 16 May 1970-30 May 1970
* 22nd Oak Leaf Cluster – 31 May 1970-8 June 1970

7.  There is no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.  His DA Form 20 shows he had all "excellent" conduct and efficiency ratings.

8.  He was honorably released from active duty on 11 June 1971 after completing 2 years, 10 months, and 26 days of active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars
* Bronze Star Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

9.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards.  The Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

10.  U.S. Army Vietnam Regulation 672-1, in effect at the time, provided guidelines for award of the Air Medal for sustained operations during the Vietnam War.  Appendix IV required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status would be submitted on a USARV Form 157-R.  The recommendation for award must also have stated that the individual met the required number of missions and hours for award of the Air Medal, that the individual has not caused, either directly or indirectly an aircraft abort, late take-off, accident or incident, and that the individual's accomplishments and service throughout the period have reflected meritorious performance with no instance of non-professionalism, mediocrity, or failure to display an aggressive spirit.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The pamphlet shows the 254th Medical Detachment was awarded the:

* Meritorious Unit Commendation for the period 1 January 1969 through 30 April 1970 by Department of Army General Orders Number 24, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 through 28 March 1973 by Department of the Army General Orders Number 8, dated 1974

12.  Army Regulation 600-8-22 (Military Awards) currently prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards and states:

	a.  a bronze service star is authorized with the Vietnam Service Medal for participation in each credited campaign and

	b.  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.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's records contain orders awarding him the Air Medal and a USARV Form 157-R recommending him for award of the Air Medal (1st through 22nd Oak Leaf Cluster) (23 total awards).  The USARV Form 157-R is accepted as sufficient evidence with which to award him the Air Medal (2nd through 23rd Award).  Therefore, he should be awarded the Air Medal (2nd through 23rd Award) and his DD Form 214 should be corrected to show award of the Air Medal with Numeral 23.

2.  His records show he received all "excellent" ratings for conduct and efficiency throughout his active service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 16 July 1968 through 11 June 1971.

3.  He was awarded the Vietnam Service Medal and participated in four campaigns.  Therefore, his DD Form 214 should be corrected to show four bronze service stars with his already-awarded Vietnam Service Medal.

4.  General orders awarded the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation to the unit to which he was assigned in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

BOARD VOTE:

____X___  ____X___  ____X___ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

* awarding him the Air Medal (2nd through 23rd Award) for meritorious achievement while participating in sustained aerial flight in support of combat ground forces in the Republic of Vietnam from 5 August 1969 through 8 June 1970
* awarding him the Army Good Conduct Medal (1st Award) for the period 16 July 1968 through 11 June 1971
* adding the following awards to his DD Form 214 –

* Air Medal with Numeral 23
* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* four bronze service stars with his Vietnam Service 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)                                         AR20150000981



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ABCMR Record of Proceedings (cont)                                         AR20150000981



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