IN THE CASE OF:	  

		BOARD DATE:	        9 September 2008

		DOCKET NUMBER:  AR20080010766 


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, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Army Commendation Medal, twenty four additional awards of the Air Medal, and the Aircraft Crew Member Badge (now known as the Aviation Badge). 

2.  The applicant states that his DD Form 214 lacks these awards.

3.  The applicant provides a copy of his DD Form 214; and award certificates for the Army Commendation Medal and the Air Medal with First through Twenty-Fourth Oak Leaf Cluster. 

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 5 October 1966.  He successfully completed basic combat training and advanced individual training (AIT) and was awarded military occupational specialty (MOS) 67N (Single Rotor Turbine Helicopter Mechanic).  He arrived in Vietnam on 31 May 1967.  He served as a helicopter mechanic assigned to the 167th Transportation Detachment in Vietnam from
5 June 1967 through 25 June 1967.  He served as a helicopter mechanic assigned to the 336th Aviation Company in Vietnam from 26 June 1967 through 31 October 1967.  He served as a helicopter mechanic assigned to the 336th Assault Helicopter Company in Vietnam from 1 November 1967 through 31 May 1968.  On 4 October 1968, the applicant was released from active duty in the temporary rank of specialist five after completing 2 years of creditable active service with no time lost. 

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

4.  Headquarters, 1st Aviation Brigade General Orders Number 3309, dated 
28 May 1968, show the applicant was awarded the Army Commendation Medal for meritorious service during the period from May 1967 to May 1968.

5.  Orders show the applicant received the basic award of the Air Medal for the period 5 October 1967 to 10 October 1967.  

6.  Headquarters, 1st Aviation Brigade General Orders Number 4322, dated 
2 July 1968, show the applicant was awarded the Air Medal (First through Twenty-Fourth Oak Leaf Cluster), a total of 25 awards, during the period from
11 October 1967 to 2 May 1968.

7.  There are no orders for the Aircraft Crew Member Badge in the applicant’s service personnel records.

8.  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.

9.  Records show the applicant participated in four campaigns during his assignment in Vietnam. 


10.  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 (167th Transportation Detachment) is eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (27 March 1967 to 17 May 1968) based on Department of the Army General Orders Number 59, dated 1969; and his unit (336th Aviation Company) is also eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (27 March 1967 to 17 May 1968) based on Department of the Army General Orders Number 46, dated 1969.      

11.  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. 

12.  Army Regulation 600-8-22 (Military Awards) provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

13.  Army Regulation 600-8-22, the version in effect at the time, provided, in pertinent part, that the Aircraft Crew Member Badge (now known as the Basic Aviation Badge) could be permanently awarded for successful completion of formal AIT in career management field 67 MOSs.  

14.  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.

15.  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.  Orders show the applicant received the Army Commendation Medal and 25 awards of the Air Medal (correctly known as the Air Medal with Numeral 25).  

2.  Evidence of record shows the applicant completed AIT in MOS 67N; therefore, he is entitled to award of the Basic Aviation Badge and correction of his DD Form 214 to show this badge. 

3.  The applicant was separated in the temporary rank of specialist five with 
2 years of creditable active service with no time lost.  Therefore, it appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 5 October 1966 through 4 October 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  

4.  The applicant participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars.

5.  The applicant's units were awarded two awards of 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 
5 October 1966 through 4 October 1968; and 
	b.  adding the Good Conduct Medal, the Army Commendation Medal, the Air Medal with Numeral 25, the Basic Aviation Badge, two awards of the Republic of 
Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal on his DD Form 214.



      _________xxxx_________
               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)                                         AR20080010766



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ABCMR Record of Proceedings (cont)                                         AR20080010766



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