IN THE CASE OF:	  

		BOARD DATE:	  8 October 2015

		DOCKET NUMBER:  AR20150002412 


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 show five awards of the Air Medal.

2.  The applicant states in Vietnam he was assigned to an air cavalry unit, the 1st Squadron, 4th Cavalry, 1st Infantry Division (ID) and was told by the company clerk that he had been awarded five Air Medals.  However, they are not listed on his DD Form 214.

3.  The applicant provides his 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’s records show he was inducted into the Army of the United States on 13 July 1967 and he held military occupational specialty 11B (Light Weapons Infantryman).

3.  He served in Vietnam from 22 December 1967 to 19 December 1968 while assigned to Troop D, 1st Squadron, 4th Cavalry Regiment, 1st ID.

4.  His record contains General Orders (GO) 10505, dated 5 October 1968, issued by Headquarters (HQ), 1st ID, awarding him the Air Medal for meritorious achievement while participating in aerial flight from 11 January to 14 February 1968. 

5.  On 28 January 1969, he was assigned to Company D, 5th Battalion, 31st Infantry, 197th Infantry Brigade, Fort Benning, GA. 

6.   He was honorably released from active duty on 11 July 1969 and he was transferred to the U.S. Army Reserve.  The DD Form 214 he was issued shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* 2 overseas service stars
* First Class Gunner (i.e. Sharpshooter) Marksmanship Qualification Badge with Rifle Bar (M-16) 
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Army Commendation Medal
* Bronze Star Medal (2nd Award) with "V" Device
* Purple Heart
* Combat Infantryman Badge

7.  His record contains GO Number 94, dated 14 July 1969, issued by HQ 197th Infantry Brigade, awarding him the Army Good Conduct Medal (1st Award).

8.  His record is void of additional orders for award of the Air Medal.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show any additional awards of the Air Medal.  


9.  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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any additional orders for the Air Medal pertaining to the applicant.

10.  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.

   b.  The Vietnam Service Medal 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 is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  A review of the applicant’s record shows that during his service in Vietnam he participated in five campaigns.   

11.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows Troop D, 1st Squadron, 4th Cavalry, was cited for award of the:

* Valorous Unit Award for the period 31 January through 31 May 1968, by Department of the Army General Order (DAGO) 31, dated 1969 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968, by DAGO Number 21, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Air Medal and Army Good Conduct Medal (1st Award) which are not shown on his DD Form 214.  He meets the criteria for the correction of his DD Form 214 accordingly.



2.  He participated in five campaigns during his service in Vietnam; he meets the criteria for award of one silver service star to wear on his already-awarded Vietnam Service Medal in lieu of the Vietnam Service Medal with 2 bronze service stars.

3.  GO awarded his unit in Vietnam the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  He meets the criteria for the correction of his DD Form 214 to show these unit awards.

4.  With respect to his request for the Air Medal (5th Award), the governing regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which include the Air Medal.  As his record only contains orders for one Air Medal, there is insufficient evidence to correct his DD Form 214 to show five awards of the Air Medal.

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 amending his DD Form 214 by:

* deleting the Vietnam Service Medal with 2 bronze service stars
* adding the:

* Air Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 1 silver service star
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 (5th Award). 



      ___________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)                                         AR20150002412





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ABCMR Record of Proceedings (cont)                                         AR20150002412



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