IN THE CASE OF:	  

		BOARD DATE:	  	   7 May 2009

		DOCKET NUMBER:  AR20080019695 


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 that his Republic of Vietnam service and the award of the Army Commendation Medal (ARCOM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states that his DD Form 214 does not show his Vietnam service or list the award of the ARCOM.

3.  The applicant provides a copy of his DD Form 214, an achievement certificate, and his ARCOM certificate and citation.

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's military records show he enlisted into the Regular Army on 
21 March 1963.  After completion of basic and advanced individual training he was awarded military occupational specialty (MOS) 670 (Aircraft Maintenance Crewman).  He was honorably released from active duty on 26 February 1966.

3.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Armed Forces Expeditionary Medal and the Air Medal (2nd Oak Leaf Cluster).  This form does not show award of the ARCOM.

4. The applicant provided a copy of The Flying Dragons Certificate, 119th Aviation Company, Pleiku, Republic of Vietnam.  The certificate stated that the applicant distinguished himself by meritorious achievement while serving as a UH-1B Gunner during the period 21 May 1964 to 7 September 1964.  His outstanding service added materially to the effectiveness of the unit in support of the counter-insurgency operation in the Republic of Vietnam.  

5.  The certificate dated 7 October 1964 and citation provided by the applicant show that the applicant was awarded the ARCOM for meritorious service with the US Army Support Command, Vietnam, during the period 15 September 1964 to  7 October 1964.

6.  The applicant’s DA Form 20 (Enlisted Qualification Record), item 31 "Foreign Service" shows that from 19 September 1963 through 26 February 1966 his overseas command was the United States Army Pacific (USARPAC) Hawaii and Vietnam.  Item 38, "Record of Assignments," shows that the applicant was assigned to Company B, 25th Aviation Battalion, Hawaii, effective 19 September 1963 and further assigned to Troop D, 3rd Squadron, 4th Calvary, Hawaii.  His DA Form 20 also shows that on 25 May 1964, the applicant was attached to the 4th Machine Gun Platoon, 119th Aviation Company, Vietnam and further assigned to Starcom Station, Vietnam, effective 6 September 1964.  On            22 October 1964, he returned to the 4th Calvary, Hawaii.

7.  Additionally, this form shows that he received all "excellent" conduct and efficiency ratings.

8.  General Orders 601, Headquarters, United States Army Support Command, Vietnam, and certificate, contained in the applicant's Official Military Personnel File, show that the applicant was awarded the Air Medal (2nd Oak Leaf Cluster) for meritorious achievement while participating in Aerial Flight in the Republic of Vietnam during the period 31 July 1964 to 4 September 1964. 


9.  Review of the applicant's DD Form 214 indicates that he is entitled to additional awards that are not shown on this form.  The applicant's DD Form 214 does not list award of the Army Good Conduct Medal or the National Defense Service Medal.

10.  Army Regulation 635-5 (Personnel Separations) in effect at the time, established standardized procedures for preparation and distribution of the DD Form 214.  The regulation states, in pertinent part, to enter the total active duty outside continental limits of the United States for the period covered by the DD Form 214.  Additionally, list the inclusive dates of service in Vietnam in item 32 “Remarks.”

11.  Army Regulation 672-5-1 (Military Awards) 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.  Army Regulation 672-5-1 provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, inclusive.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 20, Air Medal orders, and Flying Dragons certificate verify his assignment in Vietnam.  However, the exact dates of his service in Vietnam cannot be determined.  His DA Form 20 shows the effective date of his service in Vietnam, while attached to the 119th Aviation Company, as 25 May 1964 to 6 September 1964; the orders awarding him the Air Medal lists the period of the award from 31 July 1964 to 4 September 1964; and the Flying Dragons certificate lists his period of achievement from 21 May 1964 to               7 September 1964.  In the interest of justice and based on the evidence and certificate provided by the applicant it would be appropriate to list his service in Vietnam from May 1964 to September 1964. 

2.  Although the applicant provided the certificate and citation for the award of the ARCOM, there are no orders in the available records that show he was awarded this medal.  Therefore, in the absence of such evidence, there is an insufficient basis on which to add the ARCOM to his DD Form 214.
3.  Evidence of record shows the applicant is entitled to the award of the Army Good Conduct Medal and the National Defense Service Medal.  Therefore, the applicant is entitled to correction of his records to show these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  adding to his DD Form 214 in item 32 "Vietnam Service from May 1964 to September 1964"; 
   
   b.  awarding him the Army Good Conduct Medal for the period 21 March 1963 through 26 February 1966; and 
   
   c.  adding the Army Good Conduct Medal and the National Defense Service Medal to his DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Army Commendation Medal.  



      _______ _   _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)                                         AR20080019695





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ABCMR Record of Proceedings (cont)                                         AR20080019695



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