IN THE CASE OF:	  

	BOARD DATE:	  19 June 2008

	DOCKET NUMBER:  AR20080002543 


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) with the period ending 29 August 1969 to show award of the Soldier’s Medal.

2.  The applicant states, in effect, that he received the above award and that it should be added to his DD Form 214.

3.  The applicant provides a copy of a Soldier’s Medal award certificate, dated 
9 January 1969.

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 31 August 1966 and successfully completed basic training and advanced individual training (AIT).  He was awarded military occupational specialty (MOS) 67N (Helicopter Repairman). 

3.  The applicant arrived in Vietnam with the 135th Aviation Company on or about 29 September 1967.   He was reassigned to the 191st Assault Helicopter Company on or about 9 November 1967.  

4.  Headquarters, 1st Aviation Brigade General Orders Number 5610, dated 
21 November 1967, show that the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight during the period 
13 October 1967 to 5 November 1967.

5.  Headquarters, 1st Aviation Brigade General Orders Number 484, dated 
1 February 1968, show that the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight during the period 
11 November 1967 to 17 November 1967.

6.  Headquarters, 1st Aviation Brigade General Orders Number 6924, dated 
8 October 1968, show that the applicant was awarded the Army Commendation Medal for meritorious service for the period 20 December 1967 to
31 September 1968.

7.  Headquarters, 1st Aviation Brigade General Orders Number 7150, dated 
18 October 1968, show that the applicant was awarded the Air Medal (2d through 36th Oak Leaf Clusters) for meritorious achievement for the period 18 November 1967 to 10 August 1968.

8.  Headquarters, 1st Aviation Brigade General Orders Number 134, dated 
9 January 1969, show that the applicant was awarded the Soldiers Medal for heroism not involving actual conflict with an armed enemy force on 4 August 1968.

9.  The applicant departed Vietnam on or about 1 October 1968 after being credited with participating in four campaigns.

10.  On 29 August 1969, the applicant was honorably released from active duty in the rank of Specialist Five (SP5)/E-5 after completing 2 years, 11 months, and 29 days of creditable active service with no time lost.



11.  The applicant's DD Form 214 with the period ending 29 August 1969 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal with bronze service star, the Republic of Vietnam Campaign Medal with Device (1960), the Air Medal, two Overseas Bars, and the Expert Marksmanship Qualification Badge.

12.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings as "excellent" throughout his period of service.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.  This regulation also 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.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

15.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

16.  Army Regulation 672-5-2 provided, in pertinent part, for award of the Aircraft Crew Member Badge.  The Aircraft Crew Member Badge could be permanently awarded to Soldiers upon successful completion of formal AIT in career management field (CMF) 67 MOSs.  The Aircraft Crew Member Badge is now known as the Aviation Badge.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant’s assignment to the 191st Aviation Company, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 22 February 1967 through 17 May 1968 based on Headquarters, Department of the Army General Orders Number 51, dated 1971.

18.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 191st Aviation Company, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 based on Headquarters, Department of the Army General Orders Number 59, dated 1969.

19.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 191st Aviation Company, it was cited for award of the Meritorious Unit Commendation for the period 1 January 1967 through 
1 December 1967 based on Headquarters, Department of the Army General Orders Number 48, dated 1968.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded the Soldier’s Medal, the Army Commendation Medal, and 37 awards of the Air Medal.  He is also eligible for award of the Aviation Badge.  His DD Form 214 should be amended to add these awards. 

2.  The applicant was separated in the rank of SP5/E-5 with 2 years, 11 months, and 29 days of creditable active service with no time lost.  His conduct and efficiency were rated as “excellent” and his records contain no derogatory information.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 31 August 1966 through 29 August 1969 based on completion of a period of qualifying service.

3.  The applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Meritorious Unit Commendation.  His participation in four campaigns makes him eligible to wear four bronze service stars worn on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be amended to add these awards.

BOARD VOTE:

___xx___  __xx____  ___xx____  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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 31 August 1966 through 29 August 1969; and

	b.  amending his DD Form 214 with the period ending 29 August 1969 to add the Soldier’s Medal, the Army Commendation Medal, 37 awards of the Air Medal, the Army Good Conduct Medal, the Aviation Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Meritorious Unit Commendation, and four bronze service stars to be worn on his already-awarded Vietnam Service Medal.




       _    _xxxxxx___   ___
       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)                                         AR20080002543





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080002543



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1