DOCKET NUMBER:  AR20080018875 


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 the Air Medal (second award) and the Army Commendation Medal with First Oak Leaf Cluster be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states his DD Form 214 does not show the two awards which he earned.

3.  The applicant provides no additional documentation.

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 enlisted in the Regular Army for 3 years on 29 May 1969.  He served in military occupational specialty (MOS) 67B (Aircraft Mechanic and Repairman).  He served in Vietnam as a helicopter crew chief first with the 185th Aviation Company, then with the 183rd Aviation Company.  He served in Vietnam from 31 May 1970 through 27 April 1971.

3.  The applicant was honorably released from active duty on 18 January 1972 after completing 2 years, 7 months, and 20 days of creditable active service with no lost time.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Vietnam Campaign Medal with 1960 Device, 1 Overseas Service Bar, the Aircraft Crewman Badge, and the Air Medal.

4.  General Orders Number 61, Headquarters, 1st Aviation Brigade, Vietnam, dated 1 May 1971, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight.

5.  General Orders Number 3747, Headquarters, 1st Aviation Brigade, Vietnam, dated 4 January 1971, awarded the applicant the Air Medal Second Award with “V” Device for:

[H]eroism while engaged in aerial flight in connection with military operations against a hostile force:  [applicant] distinguished himself by exceptionally valorous actions when he unhesitatingly volunteered to act as aerial observer during an attack on an enemy battalion stronghold in Phu Yen province.  During the flight, [applicant’s] aircraft suffered several hits through the cockpit partially destroying the controls.  Even then he continued to mark enemy positions with smoke grenades, allowing the armed helicopters to see and destroy the enemy.  Leaving the area only after no further targets were visible, [applicant] then inspected the aircraft and found the drive controls to be damaged and binding.  Based on his professional knowledge, he informed the pilot of the damage, giving an accurate evaluation of control problems to be expected on landing.  Heavy casualties were inflicted on the enemy, and an emergency landing was accomplished without injury to the crew or further damage to the aircraft.  Because of [applicant’s] professional performance and attitude, the mission was a completely successful one.  His heroic actions were in keeping with the highest traditions of the military service and reflect great credit upon himself, his unit and the United States Army.



6.  General Orders Number 3765, Headquarters, 1st Aviation Brigade, Vietnam, dated 1 May 1971, awarded the applicant the Army Commendation Medal (First Oak Leaf Cluster) for meritorious service in connection with military operations against a hostile force.

7.  The applicant records show his conduct and efficiency were rated as uniformly "excellent" throughout his military service.  His records do not contain any evidence of convictions by courts-martial.

8.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It states, in pertinent part, during Vietnam, the Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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 were not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.

9.  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 unit (183d Aviation Company) to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February 1962 to 28 March 1973 by Department of the Army General Order Number 8, dated 1974.  It also shows that the unit was awarded the Republic of Vietnam Gallantry Cross with Gold Star for the period 10 October to 30 November 1970 by Department of the Army General Order Number 5, dated 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that an Army Commendation Medal with Oak Leaf Cluster and a second award of the Air Medal be added to his DD Form 214.

2.  The record shows the applicant earned two Army Commendation Medals.  It also shows he earned two Air Medals; however, one was a valor award.  His DD Form 214 should be corrected to reflect the Army Commendation Medal with Oak Leaf Cluster and the Air Medal with “V” Device and Numeral 2.

3.  The applicant served faithfully and well from 29 May 1969 through 18 January 1972.  He achieved "excellent" conduct and efficiency ratings, and he had no court-martial convictions.  He should be awarded the Good Conduct Medal and it should be added to his DD Form 214.

4.  The applicant’s units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Gallantry Cross with Gold Star during his tenure.  These foreign awards should be added to his DD Form 214.

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 him the Good Conduct Medal for the period 29 May 1969 through 18 January 1972;

	b.  deleting the Air Medal from his DD Form 214; and

	c.  adding the Army Commendation Medal with Oak Leaf Cluster, the Air Medal with “V” Device and Numeral 2, the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Gallantry Cross with Gold Star to his DD Form 214.



      _______ _   _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)                                         AR20080018875



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ABCMR Record of Proceedings (cont)                                         AR20080018875



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