IN THE CASE OF:	  

		BOARD DATE:	        19 February 2009

		DOCKET NUMBER:  AR20080016594 


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:

The applicant defers to counsel.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  The counsel requests correction of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 28 August 1966 to show award of the Air Medal (1st Oak Leaf Cluster) and the Army Commendation Medal.

2.  The counsel states that the above awards are not reflected on the applicant's DD Form 214 which are vital for the applicant to receive veterans' benefits.

3.  The counsel provides the applicant's DD Form 214; a Department of Veterans Affairs Rating Decision, dated 2 October 2008; and a letter from the National Personnel Records Center, dated 27 October 2005.

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 into the Army on 23 November 1964 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 67B (Utility Light Transportation Helicopter Mechanic).

3.  The applicant arrived in Vietnam with D Company, 15th Transportation Battalion, 1st Cavalry Division, on or about 17 August 1965.

4.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 2002, dated 13 June 1966, show that the applicant was awarded the Army Commendation Medal for meritorious service for the period 15 September 1965 to 15 August 1966.

5.  The applicant departed Vietnam on or about 21 August 1966 after being credited with participating in three campaigns.

6.  On 28 August 1966, the applicant was honorably released from active duty in the rank of specialist four/E-4 after completing 1 year, 9 months, and 6 days of creditable active service with no time lost.

7.  The applicant's DD Form 214 for the ending period 28 August 1966 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and two Overseas Service Bars.

8.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 3288, dated 20 September 1966, show that the applicant was awarded the Air Medal (1st Oak Leaf Cluster) for meritorious achievement while participating in aerial flight for the period 25 May 1966 to 1 August 1966.

9.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings as "excellent" throughout his period of service.



10.  Army Regulation 672-5-1 (Military Awards), 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.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant’s assignment to the 15th Transportation Battalion, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 based on Headquarters, Department of the Army, General Orders Number 59, dated 1969.

12.  Department of the Army Pamphlet 672-3 shows that at the time of the applicant’s assignment to the 15th Transportation Battalion, it was cited for award of the Presidential Unit Citation for the period 23 October 1965 through 26 November 1965 based on Headquarters, Department of the Army, General Orders Number 40, dated 1967.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 
1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

14.  Army Regulation 600-8-22 provides, in pertinent part, for 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.  The evidence of record shows that the applicant was awarded the Air Medal (1st Oak Leaf Cluster) and the Army Commendation Medal.  Therefore, his DD Form 214 should be amended to add these awards.

2.  The applicant was separated in the rank of specialist four with 1 year, 9 months, and 4 days of creditable active service with no time lost and conduct and efficiency ratings of "excellent" throughout his period of service.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 23 November 1964 through 28 August 1966.

3.  The applicant was assigned to a unit during a period of time this unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Campaign Medal with Device (1960), and the Presidential Unit Citation.  His participation in three campaigns makes him eligible to wear three bronze service stars to be worn on his already-awarded Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.


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 all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the applicant the Army Good Conduct Medal (1st Award) for the period 23 November 1964 through 28 August 1966; and



	b.  amending his DD Form 214 to add the Air Medal (1st Oak Leaf Cluster), the Army Commendation Medal, the Army Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Campaign Medal with Device (1960), the Presidential Unit Citation, and three bronze service stars to be worn on his already-awarded Vietnam Service Medal.



															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)                                         AR20080016594



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ABCMR Record of Proceedings (cont)                                         AR20080016594



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