RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  11 March 2008
	DOCKET NUMBER:  AR20070013787 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Ms. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Mr. Frank C. Jones, II

Chairperson

Ms. Carmen Duncan

Member

Mr. Scott W. Faught

Member


	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with a separation date of 7 September 1970 be corrected to show two duty position titles that he held while serving in the Republic of Vietnam.  The positions were field medic from February 1970 to April 1970 and door gunner from April 1970 to September 1970.  He further requests, based on his combat experience, awards for his combat service in either of these two positions.

2.  The applicant states, in effect, that he should have received a medal for his service as a door gunner or as a field medic.  He further states that an award for his period of service in the Republic of Vietnam will verify he is a combat veteran for Department of Veterans Affairs (VA) benefits. 

3.  The applicant provides a copy of his DD Form 214 with a separation date of 7 September 1970 and a copy of Item 38 (Record of Assignments) from his DA Form 20 (Personnel Qualification Record).

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 Army on 27 December 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 05C (Radio Teletype Operator).  The highest grade the applicant attained while serving on active duty was specialist four/pay grade E-4.  He was honorably released from active duty on 7 September 1970 and transferred to the U. S. Army Reserve (USAR) Control Group (Annual Training).


3.  The applicant's DA Form 20 (Personnel Qualification Record) shows he served in the Republic of Vietnam from 8 September 1969 to 7 September 1970.  During this foreign service period, records show he served in the following units and held the principal duty title of radio telephone operator and wireman.

     a.  132nd Aviation Company from 17 September 1969 to 22 February 1970;

     b.  Headquarters and Headquarters Company, 123rd Aviation Battalion from 23 February 1970 to 16 April 1970; and

     c.  Company B, 123rd Aviation Battalion from 17 April 1970 to 2 September 1970.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows the applicant was awarded the Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and two overseas service bars.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Personnel Qualification Record) shows the entry Army Commendation Medal with the authority cited as General Order 10209, published by Headquarters, Americal Division, dated 7 August 1970. 

6.  A review of the applicant's military personnel records revealed a copy of General Orders Number 10209, dated 7 August 1970, published by Headquarters, Americal Division which awarded the applicant the Army Commendation Medal for his period of service from September 1969 to September 1970.  This award was for his meritorious service in connection with military operations against a hostile force in the Republic of Vietnam.

7.  A review of the applicant's record indicates entitlement to additional awards that are not shown on his DD Form 214.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  This document shows that during the time of the applicant’s 

assignment to the 132nd Aviation Company he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August 1969 to 31 December 1969 based on Department of the Army General Order Number 42, dated 1972.  

9.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the Summer-Fall 1969 (9 June 1969 to 31 October 1969); the Winter-Spring 1970 (1 November 1969 to 30 April 1970); the Sanctuary Counteroffensive (1 May 1970 to 30 June 1970); and the Counteroffensive, Phase VII (1 July 1970 to 31 June 1971) campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

10.  The applicant's military service records do not contain orders for award of the Army Good Conduct Medal.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and the records show he received "excellent" conduct and efficiency ratings by his company commanders.

11.  Army Regulation 600-8-22 states, in pertinent part, that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  After 27 June 1950, to the present time, the current standard for award of the Army Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal disqualification must be justified.  

12.  Army Regulation 635-5 (Separation Documents), prescribes the policies and procedures for administratively preparing separation documents, specifically DD Form 214 upon release or discharge from active federal service.  This regulation states, in pertinent part, that the Soldier's primary MOS code and title awarded during their enlistment period is entered on the DD Form 214 in Item 23a (Specialty Number and Title).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 properly shows that he was awarded MOS 05C upon completion of advanced individual training.  The specific title associated with this MOS was radio teletype operator.  The applicant's record shows that while stationed in the Republic of Vietnam, his principal duties were radio teletype operator and wireman for three separate aviation units.  As the applicant 
was not awarded an MOS for his duties as a door gunner or as a field medic, there is no regulatory justification to amend his DD Form 214 to show these duty titles. 

2.  The applicant's records do not contain permanent award orders nor did he provide evidence to show that he was recommended for an award when he served as a door gunner and field medic as he claims.  As such, there is no basis to grant that portion of his request pertaining to awards for duties performed as a door gunner and field medic. 

3.   General Orders do show that the applicant was awarded the Army Commendation Medal for meritorious service during his tenure in the Republic of Vietnam and that this award is shown on his DD Form 214.  Therefore, there is no further action required as he was recognized for his meritorious service in a combat environment.

4.  Based on the absence of evidence showing disqualification, the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 27 December 1968 to 7 September 1970 ending with termination of a period of Federal military service. 

5.  Based on the applicant's service with the 132nd Aviation Company he is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

6.  The applicant's military personnel records show he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_ _FCJ__  __CD ___  __SWF  _  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:

	a.  awarding the Army Good Conduct Medal for his period of service from 27 December 1968 to 7 September 1970 and showing his award on his DD Form 214;

	b.  showing award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation;

	c.  showing four bronze service stars to be affixed to his already-awarded Vietnam Service Medal; and

	d.  providing the applicant a corrected separation document that includes these changes.

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 amending the applicant's DD Form 214 to show he performed duties as a door gunner and a field medic.  Further, the Board recommends denial of an award for duties performed as a door gunner or field medic.  

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




___Frank C. Jones  ___
      CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.