DOCKET NUMBER:  AR20090002511 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add four Air Medals (AMs), one with "V" Device denoting valor.

2.  The applicant states he was given orders for these medals and verbally told by his company commander that they would follow.  He adds that he needs this correction to apply for benefits.

3.  The applicant does not provide any additional documents in support of his request.

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 that he was inducted into the Army of the United States on 20 September 1968, was awarded the military occupational specialty of 67N (helicopter crew chief), and was promoted to pay grade E-5.

3.  The applicant was assigned to Vietnam on 26 July 1969.  While in Vietnam, he was assigned to the 576th Transportation Detachment, 3rd Squadron, 17th Cavalry, from 2 August 1969 to 20 April 1970, and then to Troop B, 3rd Squadron, 17th Cavalry, from 21 April 1970 to 21 July 1970.

4.  While in Vietnam, the applicant was awarded the AM for meritorious achievement by General Orders Number 1840, dated 27 March 1970, and was awarded the Army Commendation Medal (ARCOM) by General Orders Number 4551, dated 2 June 1970.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency was rated as "excellent" throughout his service.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the applicant's unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 May 1969 to 15 May 1970 by Department of the Army General Order 55, dated 1971.  That publication also shows the pertinent identified campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  For the applicant, those periods are:  Vietnam Summer-Fall 1969 (9 June 1969 through 31 October 1969), Vietnam Winter-Spring 1970 (1 November 1969 through 30 April 1970), DA Sanctuary Counteroffensive (1 May through 30 June 1970), and Vietnam Counteroffensive Phase VII (1 July 1970 through 30 June 1971).

7.  Department of the Army General Orders Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8.  Army Regulation 600-8-22 (Military Awards) provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during 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.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than "excellent" was disqualifying.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  At that time, nonfavorable consideration was normally noted on the DA Form 20.

9.  Review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for awarding the applicant any awards other than the one AM already noted in these proceedings.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant contends he was awarded four AMs, with one for valor, there is only evidence that he was awarded one AM for meritorious service.

2.  However, the applicant was also awarded the ARCOM which is not listed on his DD Form 214 and he is entitled to the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, four bronze service stars to be affixed to his already-authorized Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on his service in Vietnam.  He is entitled to have those awards added to his DD Form 214.

3.  In addition, the applicant's conduct and efficiency were all rated as "excellent" and there is no record of disqualification for the Army Good Conduct Medal.  As such, it would appear that the absence of this award was an oversight.  Therefore, it would be appropriate to now award the applicant the Army Good Conduct Medal and to add that award to his DD Form 214.

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 to him the Army Good Conduct Medal for the period 20 September 1968 to 24 July 1970; and

	b.  adding to his DD Form 214 the Army Good Conduct Medal, the AM, the ARCOM, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, four bronze service stars to be affixed to his already-authorized Vietnam Service Medal, and the 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 any additional AMs or an AM for valor.



      ____________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)                                         AR20090002511



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ABCMR Record of Proceedings (cont)                                         AR20090002511



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