IN THE CASE OF:	  

	BOARD DATE:		    8 July 2008

	DOCKET NUMBER:  AR20080010124 


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 records to show award of the Air Medal (1st through 4th Oak Leaf Cluster).

2.  The applicant also requests, in effect, the Board provide him with a courtesy copy of orders awarding him the Aircraft Crewman Badge (Permanent).

3.  The applicant states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show all his awards and decorations.

4.  The applicant provides a copy of General Orders Number 3431, dated 20 July 1967, awarding him the Air Medal (1st through 4th Oak Leaf Cluster) in support of his application:

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 furnished with a courtesy copy of orders awarding him the Aircraft Crewman Badge (Permanent), on 2 July 2008.  As a result, the Aircraft Crewman Badge (Permanent) will not be discussed further in this Record of Proceedings.

3.  The applicant's record shows that he was inducted into the Army of the United States on 5 October 1965.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 67N (Single Rotor Turbine Helicopter Mechanic).  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 12 July 1967.  The highest rank/grade he attained during his military service was specialist five (SP5)/E-5.

4.  The applicant’s record shows he served in the Republic of Vietnam during the period 16 May 1966 to 10 July 1967.  He served in various capacities and was assigned to different units as follows:

	a.  from 16 May 1966 to 15 February 1967, he was assigned as a Helicopter Repairman with the 484th Transportation Detachment; 

	b.  from 16 February 1967 to 30 May 1967, he was assigned as a Helicopter Repairman with the 282nd Aviation Company; and

	c.  from 31 May 1967 to 10 July 1967, he was assigned as a Crew Chief  with the 282nd Aviation Company.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant’s DD Form 214, dated 12 July 1967, shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Aircraft Crewman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Item 24 does not show award of the Air Medal (1st through 4th Oak Leaf Cluster)

6.  Headquarters, 1st Aviation Brigade, General Orders Number 1218, dated 9 April 1967, show the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period 7 February 1967 to 13 March 1967.  However, General Orders Number 1229, dated 10 April 1967, issued by the same Headquarters, revoked the applicant's award of the Air Medal.
7.  Headquarters, 1st Aviation Brigade, General Orders Number 1793, dated 12 May 1967, show the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period 7 February 1967 to 13 March 1967.

8.  Headquarters, 1st Aviation Brigade, General Orders Number 3431, dated 20 July 1967, show the applicant was awarded the Air Medal (1st through 4th Oak Leaf Cluster), for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period 13 March 1967 to 16 June 1967.

9.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

10.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.  Furthermore, Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings were "Excellent" throughout his military service.

11.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 282nd Aviation Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 46, dated 1969.

13.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, dated 29 January 1973, shows he was awarded the Vietnam Service Medal.

14.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in the Vietnam Counteroffensive, Phases I; II; and III, campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
DISCUSSION AND CONCLUSIONS:

1.  General Orders awarded the applicant the Air Medal (1st through 4th Oak Leaf Cluster), for meritorious achievement while participating in aerial flight in the Republic of Vietnam, which is not shown on his records.  Therefore, he is entitled to correction of his records to show these awards.

2.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which is not shown on his records.  Therefore, he is entitled to correction of his records to show this unit award.

3.  The evidence of record confirms that the applicant served honorably during the period 5 October 1965 to 12 July 1967.  He received "Excellent" efficiency and conduct ratings, attained the rank/grade of SP5/E-5, and was awarded multiple awards of the Air Medal.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

4.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to the Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  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 the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 5 October 1965 to 12 July 1967; and

	b.  showing award of the Good Conduct Medal (1st Award), the Air Medal (1st through 4th Oak Leaf Cluster), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal, in Item 24 of the applicant's DD Form 214, dated 12 July 1967.


									XXX
      _______________________
      	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)                                         AR20080010124



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ABCMR Record of Proceedings (cont)                                         AR20080010124



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