RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 May 2008
	DOCKET NUMBER:  AR20070018879 


	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 that his DD Form 214 (Report of Transfer or Discharge) be corrected to show the Aircraft Crewman Badge instead of the Army Combat Badge.

2.  The applicant states that the award was misidentified. 

3.  The applicant provides orders for the Aircraft Crewman Badge and a copy of 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 was inducted on 11 February 1970.  He arrived in Vietnam on 11 August 1970.  He served as a helicopter repairman assigned to Headquarters and Headquarters Company, 15th Medical Battalion, 1st Cavalry Division in Vietnam from 21 August 1970 through 25 March 1971.  He was assigned to Detachment 6, Headquarters and Headquarters Company, 3rd Brigade, 
1st Cavalry Division in Vietnam from 26 March 1971 to 29 June 1971.  He was assigned to the Medical Company, 215th Combat Support Battalion, 3rd Brigade, 1st Cavalry Division in Vietnam from 30 June 1971 through 13 September 1971.  
On 14 September 1971, the applicant was released from active duty in the rank of specialist five after completing 1 year, 7 months, and 4 days of creditable active service with no time lost.  

3.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal, two awards of the Overseas Service Bar, the “Army Combat Badge,” and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.  

4.  Headquarters, 3rd Brigade (Separate) Special Orders Number 94, dated 
12 July 1971, show the applicant received the Aircraft Crewman Badge.

5.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of “excellent” throughout his service.

6.  Records show the applicant participated in two campaigns during his assignment in Vietnam.

7.  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 the applicant's unit (215th Support Battalion) is eligible for the Meritorious Unit Commendation for actions during the period 
1 June 1971 to 31 December 1971 based on Department of the Army General Orders Number 14, dated 1979.

8.  Department of the Army Pamphlet 672-3 also lists the unit awards received by units serving in Vietnam.  This document shows the applicant's unit (15th Medical Battalion) was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 42, dated 1972.  Additionally, his unit (215th Support Battalion) was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 54, dated 1974. 

9.  Paragraph 6 (Miscellaneous Information) of Department of the Army Pamphlet 672-3 states that only one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn; however, records should show entitlement to all authorized awards of this foreign unit award. 

10.  Army Regulation 600-8-22 (Military Awards) does not show the “Army Combat Badge” as an authorized award.

11.  Army Regulation 672-5-1, 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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

12.  Army Regulation 600-8-22, in pertinent part, authorizes 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.  

DISCUSSION AND CONCLUSIONS:

1.  Since the governing regulation does not show the “Army Combat Badge” as an authorized award, and orders show the applicant received the Aircraft Crewman Badge, it would be appropriate to delete the “Army Combat Badge” from his DD Form 214 and add the Aircraft Crewman Badge.   

2.  The applicant was released from active duty in the rank of specialist five with 19 months of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 11 February 1970 through 14 September 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  

3.  The applicant participated in two campaigns during his assignment in Vietnam which makes him eligible for award of the Vietnam Service Medal with two bronze service stars.

4.  The applicant’s unit was cited for award of the Meritorious Unit Commendation while he was assigned to it.

5.  The applicant's units (15th Medical Battalion and 215th Support Battalion) were each awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so he is authorized to wear one of those awards.  However, his DD Form 214 should be amended to show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.








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 by:

	a.  awarding him the first award of the Good Conduct Medal for the period 11 February 1970 to 14 September 1971; 

	b.  deleting the entry, “ARMY COMBAT BADGE” from his DD Form 214; and

	c.  adding the Good Conduct Medal, the Aircraft Crewman Badge, the Meritorious Unit Commendation, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.




      	___       XX_______
                		CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070018879


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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