IN THE CASE OF: BOARD DATE: 13 November 2012 DOCKET NUMBER: AR20120007400 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 the Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16) and Pistol Bar (M-1911) which is a .45 caliber pistol), 22 awards of the Air Medal, and "Republic of South Vietnam Gallantry Medal with "V" Device" (correctly known as the Gallantry Cross with Bronze Star) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 27 September 1968. 2. The applicant states these awards were never recorded on his DD Form 214 for the period ending 27 September 1968. 3. The applicant provides seven DA Forms 759 (Individual Flight Record – Army Aviator) covering the period July 1966 to August 1967. 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 20 October 1964 for a period of 2 years. 3. Orders, dated 31 August 1965, show he received the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber). 4. He was honorably discharged on 27 September 1965 to accept a warrant appointment. 5. His DD Form 214 for the period ending 27 September 1965 shows the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) as an authorized award. 6. He was appointed a warrant officer one on 28 September 1965 in the U.S. Army Reserve (USAR). He was ordered to active duty on 28 September 1965. He arrived in Vietnam on 8 September 1966. He served as a helicopter pilot assigned to Troop D, 1st Squadron, 10th Cavalry in Vietnam from 8 September 1966 to 14 October 1966. He was assigned to the 282nd Aviation Company in Vietnam from 15 October 1966 to 2 September 1967. On 27 September 1968, he was released from active duty and transferred to the USAR. 7. His DD Form 214 for the period ending 27 September 1968 shows the: * Army Aviator Badge * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) 8. There are no orders for the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) in the available records. However, item 23 (Qualification in Arms) of his DA Form 66 (Officer Qualification Record) shows he qualified expert on the M-16 rifle on 30 July 1966. 9. Orders, dated 30 August 1966, show he received the Expert Marksmanship Qualification Badge with Pistol Bar (.38 caliber). 10. Orders show he received the Air Medal (Twelfth through Sixteenth Oak Leaf Cluster) (17 awards of the Air Medal) for the period 10 May 1967 to 13 August 1967. However, his flight records show he flew 735 combat flight hours during the period 6 October 1966 to 23 August 1967. 11. On 24 September 1967, the Commanding General, U.S. Army Vietnam accepted and approved the Gallantry Cross with Bronze Star for heroic actions during the period 16 October 1966 to 14 March 1967 presented to the applicant by the Republic of South Vietnam. This award was authorized for wear. 12. On 8 November 1967, the Commanding General, U.S. Army Vietnam accepted and approved the Gallantry Cross with Bronze Star for heroic actions on 2 September 1967 presented to the applicant by the Republic of South Vietnam. This award was authorized for wear. 13. There are no orders for the Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber) in the available records. However, orders, dated 19 June 1968, show he received the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber). 14. Records show he participated in two campaigns during his assignment in Vietnam. 15. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 282nd Aviation Company was cited for award of the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1966 to 26 March 1967 by Department of the Army General Orders (DAGO) 22, dated 1968. * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 27 March 1967 to 17 May 1968 by DAGO 46, dated 1969 16. Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual. Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will show all awards received. 17. Army Regulation 600-8-22 (Military Awards) sets forth requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. 18. Award of marksmanship badges is not permanent. An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification. In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired. 19. Department of the Army Pamphlet 350-38 (Standards in Training Commission) provides commanders with the training strategies for individual, crew, and collective weapons training. The pamphlet is structured by unit type (e.g., Armor, Infantry, Artillery, Military Police, etc.) instead of by weapon type; however, the basic requirements call for annual (or sooner) qualification with individual weapons. This means, in effect, the most recent qualification score with a particular weapon denotes the degree of marksmanship badge the Soldier is eligible to wear. 20. 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. 21. Combat missions were divided into three categories. a. 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. b. A category II mission was characterized by support rendered a friendly force immediately before, during or immediately following a combat operation. c. A category III mission was characterized by support of friendly forces not connected with an immediate combat operation but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire, or under hazardous weather or terrain conditions. 22. To be recommended for award of the Air Medal, an individual must have completed a minimum of 25 category I missions, 50 category II missions or 100 category III missions. Since various types of missions would have been completed in accumulating flight time toward award of an Air Medal for sustained operations, different computations would have had to be made to combine category I, II, and III flight time and adjust it to a common denominator. 23. Army Regulation 600-8-22 provides that 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. 24. Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal. DISCUSSION AND CONCLUSIONS: 1. The entry on the applicant's DD Form 214 for the period ending 27 September 1965 which shows the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) as an authorized award is accepted as sufficient evidence on which to base adding this marksmanship badge to his DD Form 214 for the period ending 27 September 1968. 2. The entry on his DA Form 66 which shows he qualified expert on the M-16 rifle in July 1966 is accepted as sufficient evidence on which to base adding the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) to his DD Form 214 for the period ending 27 September 1968. 3. Although the applicant contends he received the Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber), orders show he received the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber) in 1968. Therefore, his DD Form 214 for the period ending 27 September 1968 should be corrected to show the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber). 4. Orders show he received the Expert Marksmanship Qualification Badge with Pistol Bar (.38 caliber). His DD Form 214 for the period ending 27 September 1968 should be corrected to show this marksmanship badge. 5. The applicant requests his DD Form 214 be corrected to show 22 awards of the Air Medal. Orders show he received 17 awards of the Air Medal but his DA Forms 759 show he flew 735 combat flight hours during his assignment in Vietnam. Therefore, he is entitled to an additional 12 awards of the Air Medal, a total of 29 awards of the Air Medal. His DD Form 214 should be corrected to show the Air Medal with Numeral 29. 6. The documentation which shows two awards of the Gallantry Cross with Bronze Star presented to the applicant by the Republic of South Vietnam was accepted, approved, and authorized for wear is accepted as sufficient evidence on which to base adding these foreign awards to his DD Form 214 for the period ending 27 September 1968. 7. He participated in two campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with two bronze service stars. His DD Form 214 for the period ending 27 September 1968 should be corrected to show this award. 8. His unit in Vietnam (282nd Aviation Company) was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Although he is entitled to wear only one of these awards his DD Form 214 for the period ending 27 September 1968 should be corrected to show both unit awards. 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 adding the following awards to his DD Form 214 for the period ending 27 September 1968: * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber) * Expert Marksmanship Qualification Badge with Pistol Bar (.38 caliber) * Air Medal with Numeral 29 * Gallantry Cross with Bronze Star (2nd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Two bronze service stars for wear on his already-awarded Vietnam Service Medal 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 adding the Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber) to his DD Form 214 for the period ending 27 September 1968. _______ _ 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) AR20120007400 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120007400 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1