RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 MAY 2008
	DOCKET NUMBER:  AR20070018308 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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 separation document (DD Form  
214) and his New York Army National Guard (NYARNG) Automated Separation Document (ASD) be corrected to show all of his awards and decorations on a DD Form 215 (Correction to DD Form 214).

2.  The applicant states, in effect, he would like to have a DD Form 215 to show all of his awards and decorations.

3.  The applicant provides a copy of his DD Form 214, ASD, Standard Form  
180 (Request Pertaining to Military Records), and DA Form 2-1 (Personnel Qualification Record, Part II).

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 military personnel record shows he enlisted in the Regular Army on 25 July 1969.  He completed the necessary training and was awarded the military occupational specialty (MOS) 67N (Utility Helicopter Repairman).

3.  He served with the 129th Aviation Company (Assault Helicopter) in the Republic of Vietnam during the period 25 February 1970 to 26 December 1970.  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training), St. Louis, Missouri on 29 February 1972.  He had completed 2 years, 7 months, and 5 days of Total Active Service.





4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the awards of the National Defense Service Medal, Aircraft Crewman Badge,  
2 Overseas Service Bars, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  Item 41 (Awards and Decorations) of his DA Form 2-1 shows the award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  The applicant entered the NYARNG on 15 September 1987.  He served with the NYARNG until he was honorably released on 25 October 1997 and transferred to the U.S. Army Reserve Control Group, St. Louis, Missouri for completion of his contractual obligation.  He completed 10 years, 1 month, and 11 days of Net Service This Period.

7.  Item 14 (Awards and Decorations) of his ASD does not show the awards of the Army Good Conduct Medal; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation; Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16); Expert Marksmanship Qualification Badge with Rifle Bar (M-14); and the Vietnam Service Medal with three bronze service stars.

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

9.  Headquarters, 1st Aviation Brigade General Orders Number 0468 dated  
29 August 1970 shows the applicant was awarded the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force during the period 20 March 1970 to 20 August 1970.

10.  Headquarters, 1st Aviation Brigade General Orders Number 1407 dated  
22 February 1971 shows the applicant was awarded the Army Commendation Medal with First Oak Leaf Cluster for meritorious service in connection with military operations against a hostile force during the period February 1970 to February 1971.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time when the applicant was discharged, required that for award of the Army Good Conduct Medal, throughout a qualifying period of service the enlisted person must have 
had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.

12.  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 the 129th Aviation Company (Assault Helicopter) was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation based on Department of the Army General Order Number 24, dated 1972.

13.  Department of the Army Pamphlet 672-3 also shows that all units assigned in the Republic of Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.

14.  The applicant's records show that he was awarded the Vietnam Service Medal; however, his DD Form 214 does not show any bronze service stars indicating campaign credit.

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

16.  The ASD is a NYARNG generated form and therefore cannot be corrected by the ABMCR.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 and ASD should be corrected by showing all of his awards and decorations on a DD Form 215.

2.  Orders show that the applicant was awarded two Army Commendation Medals.  Therefore, he is entitled to correction of his records to show the Army Commendation Medal with First Oak Leaf Cluster.


3.  Records show he is authorized the first award of the Army Good Conduct Medal for the period 25 July 1969 to 29 February 1972 based on completion of a period of qualifying service of less than three years, but more than one year, ending with the termination of a period of Federal military service.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.  Therefore, he is entitled to correction of his records to show this award.

4.  Evidence shows the applicant is authorized awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show these foreign unit awards.

5.  Evidence shows the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his records to show these awards.

6.  Evidence shows the applicant was assigned to a unit that participated in three campaigns.  Therefore, he is entitled to correction of his records to show three bronze service stars to be affixed to his Vietnam Service Medal.

7.  Correction to the NYARNG ASD is not within the purview of the ABCMR.

BOARD VOTE:

__X______  __X____  __X____  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 the ARNG records and all Department of the Army records of the individual concerned be corrected by showing the Army Commendation Medal with First Oak Leaf Cluster, Army Good Conduct Medal for the period 25 July 1969 to 29 February 
1972, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.




      	________X______________
                		CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070018308



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DEPARTMENT OF THE ARMY
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