IN THE CASE OF:	  

		BOARD DATE:	       2 December 2008

		DOCKET NUMBER:  AR20080010463 


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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Air Medal and the Bronze Star Medal with "V" Device.

2.  The applicant states that these awards were omitted from his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and orders awarding him the Air Medal and the Bronze Star Medal with "V" Device.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests correction of the applicant's DD Form 214 to add the Air Medal and the Bronze Star Medal with "V" Device.

2.  Counsel states that these issues do not supersede any issues previously submitted by the applicant.

3.  Counsel provides no additional documentary evidence.

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.  On 20 June 1965, the applicant enlisted in the Regular Army of the United States for 3 years.  He completed his initial training and was awarded military occupational specialty 67N (Aircraft Maintenance Crewman).

3.  On 16 November 1965, the applicant was assigned for duty as an aircraft maintenance crewman with the 175th Aviation Company, Fort Benning, Georgia.

4.  Special Orders Number 59, 10th Aviation Group, Fort Benning, Georgia, dated 11 March 1966, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle [M-14] Bar.

5.  On 23 July 1966, the applicant was assigned for duty as an aircraft maintenance crewman with the 150th Transportation Detachment, in the Republic of Vietnam.

6.  On 14 October 1966, the applicant was promoted to specialist four and reassigned for duty as a utility helicopter mechanic.

7.  General Orders Number 938, 1st Aviation Brigade, in the Republic of Vietnam, dated 18 March 1967, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight for the period from 
10 December 1966 to 3 January 1967.

8.  On 2 June 1967, the applicant was promoted to specialist five, pay grade E-5.

9.  On 2 November 1967, the applicant was reassigned to the 175th Aviation Company for duty as a utility helicopter mechanic, in the Republic of Vietnam.

10.  General Orders Number 2743, 1st Aviation Brigade, dated 7 May 1968, awarded the applicant the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force on 31 January 1968.

11.  On or about 23 March 1968, the applicant returned to the United States and was subsequently a patient at Walter Reed Army Medical Center.

12.  On 10 May 1968, the applicant was retired due to physical disability.  He had attained the rank of specialist five, pay grade E-5 and completed 2 years, 
10 months and 21 days of creditable active duty.

13.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Purple Heart, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with "1960-" Device.  It does not show award of the Air Medal or the Bronze Star Medal with "V" Device.

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

15.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent.  

16.  Army Regulation 672-5-1, in effect at the time, provides that the Army 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.  

17.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following three campaign periods: the Vietnam Counteroffensive, Phase II; the Vietnam Counteroffensive, Phase III; and the TeT 68 Counteroffensive.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 175th Aviation Company, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 22, dated in 1968, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  



DISCUSSION AND CONCLUSIONS:

1.  General Orders show that the applicant was awarded the Air Medal and the Bronze Star Medal with "V" Device".   Therefore, his records should be corrected to show these awards.

2.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

3.  Records show that the applicant participated in three campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his Vietnam Service Medal.

4.  Special Orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, his records should be corrected to show this award.

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 him the Army Good Conduct Medal for the period from 20 June 1965 to 10 May 1968; and

   
   
   
   
   b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Air Medal, Bronze Star Medal with "V" Device, Army Good Conduct Medal, three bronze service stars to be affixed to his already awarded Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Expert Marksmanship Qualification Badge with Rifle Bar.





      _______ _  X _______   ___
               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)                                         AR20080010463





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080010463



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1