IN THE CASE OF:	  

		BOARD DATE:	  1 September 2009

		DOCKET NUMBER:  AR20090002887 


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 award of the Bronze Star Medal (BSM), Air Medal, Army Good Conduct Medal (AGCM), and the Combat Infantryman Badge (CIB).

2.  The applicant states that while assigned to the 5th Special Forces Group (SFG) during his tour in Vietnam, he performed duties as a radio operator in an exemplary manner.  He maintains that he was one of the best radio operators in I Corps and therefore should have been awarded the BSM.  Additionally, he states that he should have received the award of the Air Medal.  He explains that the 129th Assault Helicopter Company was assigned to the 5th SFG.  One of the company's crewmembers became ill and he was assigned to perform duties as the door gunner.  The applicant adds that he flew on four separate missions and during one of those missions, he encountered enemy fire.

3.  The applicant states that the CIB was awarded to him on 14 March 1967.  However, the orders contained the wrong company and as a result, the award was never added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  In reference to the award of the AGCM, the applicant states that he rendered many years of excellent service to his unit, but he was released early to return to college.

4.  The applicant provides a copy of his DD Form 214, orders, his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), and his Army Aviator's Flight Record.


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 requested correction of his records to show award of the BSM and the Air Medal.  He provided copies of an Army Aviator's Flight Record that indicates he participated in four missions.  There are no orders or other evidence authorizing the applicant these awards.  In the absence of a proper award authority for these decorations, the applicant may request award of the BSM and the Air Medal under the provisions of section 1130 of Title 10, U.S. Code.  The applicant has been notified by separate correspondence of the procedures for applying for these decorations under section 1130 and, as a result, they will not be discussed further in the Record of Proceedings.

3.  Records show the applicant enlisted in the Regular Army on 23 March 1965. He served in the Republic of Vietnam from 1 September 1966 to 19 August 1967 and was assigned to Company C, 5th SFG, 1st Special Forces.  On 12 January 1968, the applicant was honorably released from active duty.  He was credited with 2 years, 9 months, and 20 days of active Federal service.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following:  National Defense Service Medal, Vietnam Commendation Medal [sic] (i.e., the Republic of Vietnam Campaign Medal with Device (1960)), Parachutist Badge, and Vietnam Service Medal.  Neither the AGCM nor the CIB are not listed on this form.

5.  Headquarters, 5th SFG, 1st Special Forces, Special Orders Number 73, dated 14 March 1967, awarded the applicant the CIB.

6.  The applicant's DA Form 20 (Enlisted Qualification Record), item 38 (Record of Assignments) shows that his conduct and efficiency were rated as all "excellent" except for one entry that appears to be either an efficiency "excellent" or an academic "good" (i.e., "G(A)") while in Special Forces Training.  There are no records of disciplinary infractions contained in the applicant's file.  Additionally, item 41 (Awards and Decorations) lists the Republic of Vietnam Campaign Medal with Device (1960).

7.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated 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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

8.  The applicant's DD Form 214 does not list award of the Presidential Unit Citation or the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 that the 5th SFG, 1st Special Forces, was cited for award of the Presidential Unit Citation by Department of the Army General Orders Number 45, dated 1969, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 59, dated 1969.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in two campaigns during his tour of duty in Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  The applicant's records indicate that he participated in Vietnam Counteroffensive Phase II and the Vietnam Counteroffensive Phase III, but no bronze service stars are listed with his Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  Special Orders Number 73, dated 14 March 1967, verify that the applicant is entitled to correction of his records to show the award of the CIB.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The evidence of record shows that the applicant served 2 years, 9 months, and 20 days of active Federal serve with no disciplinary infractions listed.  His efficiency ratings were all listed as "excellent" with the possible exception of a "G(A)" while in Special Forces Training.  Therefore, he is entitled to the award of the AGCM.

3.  The applicant's DD Form 214 incorrectly lists the "Vietnam Commendation Medal" instead of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his records should be corrected to delete the "Vietnam Commendation Medal" and add the Republic of Vietnam Campaign Medal with Device (1960).
 
4.  The evidence of record also shows that the applicant is entitled to wear the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His record shows that he participated in two campaigns during his service in Vietnam.  Therefore, the applicant is entitled to correction of his records to show the award of the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be worn on his Vietnam Service Medal.

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 AGCM for the period of service from 23 March 1965 to 12 January 1968;

	b.  deleting the "Vietnam Commendation Medal" from his DD Form 214 and replacing it with the Republic of Vietnam Campaign Medal with Device (1960); and


	c.  amending his DD Form 214 to add the CIB, the Army Good Conduct Medal, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be affixed to his Vietnam Service 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)                                         AR20090002887





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ABCMR Record of Proceedings (cont)                                         AR20090002887



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