IN THE CASE OF:	  

		BOARD DATE: 	        9 June 2009 

		DOCKET NUMBER:  AR20090000427 


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 records to show all of his authorized awards and decorations.

2.  The applicant states, in effect, he received nine awards of the Air Medal; however, the awards are not recorded on his discharge document.  He also states that he believes he should have been awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

3.  The applicant provides copies of two Air Medal Citations for the periods 26 March 1971 to 5 May 1971 and 6 May 1971 to 20 March 1972.

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 personnel records show he enlisted in the Regular Army for a period of 3 years and entered active duty on 6 February 1970.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty 67N (UH-1 Helicopter Repairman).

3.  The applicant’s military personnel records contain a DA Form 20 (Enlisted Qualification Record).

   a.  Item 31 (Foreign Service) shows he served in the U.S. Army Pacific (USARPAC) in the Republic of Vietnam (RVN) beginning 19 September 1970.

   b.  Item 38 (Record of Assignments), in pertinent part, shows he was assigned to the 247th Medical Detachment, USARPAC, RVN, from 21 September 1970 to 13 April 1972.

   c.  Item 39 (Campaigns) shows he participated in an (as then) unannounced campaign.

   d.  Item 41 (Awards and Decorations) shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and two overseas service bars.

4.  The applicant's military personnel records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 18 April 1972.  The DD Form 214 shows the applicant entered active duty this period on 6 February 1970, was honorably released from active duty on 18 April 1972, and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining military service obligation.  At the time he had completed 2 years, 2 months, and 13 days of net active service this period and 1 year and 7 months of foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and two overseas service bars.

5.  The applicant’s military personnel records contain a copy of Headquarters, U.S. Army Vietnam, General Orders Number 2264-29, dated 29 June 1971, that show the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the RVN from 26 March 1971 to 5 May 1971.

6.  The applicant’s military personnel records contain a copy of Headquarters, U.S. Army Vietnam, General Orders Number 2280, dated 30 June 1971, that show the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the RVN from 26 March 1971 to 5 May 1971.

7.  The applicant’s military personnel records contain a copy of Headquarters, U.S. Army Vietnam, General Orders Number 2296, dated 2 July 1971, that show Headquarters, U.S. Army Vietnam, General Orders Number 2280, dated 30 June 1971, were revoked.

8.  The applicant’s military personnel records contain a copy of Headquarters, U.S. Army Vietnam, General Orders Number 987, dated 16 May 1972, that show the applicant was awarded the Air Medal (second through ninth awards) for meritorious achievement while participating in aerial flight in the RVN from 6 May 1971 to 20 March 1972.

9.  In support of his application, the applicant provides the following documents.

   a.  The Air Medal Citation that shows the applicant was presented the Air Medal for meritorious achievement while participating in aerial flight in support of combat ground forces in the RVN during the period 26 March 1971 to 5 May 1971.

   b.  The Air Medal Citation that shows the applicant was presented the Air Medal for meritorious achievement, while participating in aerial flight in support of combat ground forces in the RVN during the period 6 May 1971 to 20 March 1972.

10.  A search of the U.S. Army Human Resources Command Awards and Decorations Computer Assisted Retrieval System for the Vietnam Conflict failed to produce any additional award orders for personal decorations pertaining to the applicant.

11.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

12.  There is no evidence the applicant was awarded the Army Good Conduct Medal.  The applicant’s records are absent any adverse information, there is no evidence the applicant’s commander denied award of the Army Good Conduct Medal, and his records show he received conduct and efficiency ratings of "excellent" throughout the entire period of his military service.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam.  This appendix shows that during the applicant's service in the RVN, he participated in the Vietnam Counteroffensive Phase VII, Consolidation I, Consolidation II, and Vietnam Cease-Fire campaigns, a total of four campaigns.

14.  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 pamphlet shows that at the time of the applicant's assignment to the 247th Medical Detachment, USARPAC, RVN, the unit was awarded the Meritorious Unit Commendation by Headquarters, Department of the Army, General Orders Number 5 (1973).

15.  Department of the Army Pamphlet 672-3 also shows that at the time of the applicant's assignment to the 247th Medical Detachment, USARPAC, RVN, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 8 (1974).  However, this document does not show award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to the applicant’s unit during the period of the applicant’s assignment to the unit.

16.  Army Regulation 600-8-22 provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  For example, the numeral 2 denotes the second award of the Air Medal.

17.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualifying 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 court-martial.

18.  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, including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show he received nine awards of the Air Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and any other awards and decorations he is authorized.

2.  Records shows that general orders awarded the Air Medal to the applicant for meritorious achievement while participating in aerial flight in the RVN from 26 March 1971 to 5 May 1971.  Records show that general orders awarded the applicant a duplicate award of the Air Medal for meritorious achievement while participating in aerial flight in the RVN from 26 March 1971 to 5 May 1971.  Records further show that general orders revoked the applicant’s duplicate award of the Air Medal.  Thus, the evidence of record confirms that Headquarters, U.S. Army Vietnam, General Orders Number 2264-29, dated 29 June 1971, announced the applicant’s first award of the Air Medal for meritorious achievement while participating in aerial flight in the RVN during the period 26 March 1971 to 5 May 1971.  Therefore, it would be appropriate to correct his records to show this award.

3.  Records show that general orders awarded the Air Medal (second through ninth awards) to the applicant for meritorious achievement while participating in aerial flight in the RVN during the period 6 May 1971 to 20 March 1972.  The evidence of record also shows that Arabic numerals are used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  Therefore, it would be appropriate to correct the applicant’s records to show nine awards of the Air Medal (i.e., Air Medal with Numeral 9).

4.  Records show the applicant served a qualifying period of active duty enlisted service for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to correct his records to show this award.

5.  Records show the applicant qualified for award of the Vietnam Service Medal and that he participated in four campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his records to show award of the Vietnam Service Medal with four bronze service stars.

6.  Records show that general orders awarded the applicant's unit the Meritorious Unit Commendation.  Therefore, it would be appropriate to correct his records to show this unit award.

7.  Records show that general orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

8.  There is no evidence of record that supports the applicant’s claim to the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is not entitled to correction of his records in this instance.

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.  awarding the applicant the Army Good Conduct Medal for exemplary conduct, efficiency, and fidelity during the period 6 February 1970 through 18 April 1972;

   b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and

   c.  adding to item 24 of his DD Form 214 the Air Medal with Numeral 9, Army Good Conduct Medal, Vietnam Service Medal with four bronze service stars, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



      ___________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)                                         AR20090000427



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ABCMR Record of Proceedings (cont)                                         AR20090000427



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