IN THE CASE OF:	  

		BOARD DATE:	      1 JULY 2009

		DOCKET NUMBER:  AR20090003947 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect all awards that he is entitled to.

2.  The applicant states, in effect, that his DD Form 214 needs to be updated by a DD Form 215 (Correction to DD Form 214).

3.  In support of his application, the applicant provides a copy of his DD Form 214.

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 in the Regular Army in pay grade E-1 on 11 February 1965 for 3 years.  He completed basic combat and advanced individual training and was awarded primary military occupational specialty 71P, Flight Operations.

3.  The applicant's records show that he served in the Republic of Vietnam from 16 August 1965 to 17 February 1967 with Headquarters and Headquarters Company, 11th Aviation Group, 1st Calvary Division (Air), during three campaigns. He also served in the Republic of Vietnam from 26 October 1967 to 31 January 1968 with the 282nd Aviation Company (Airmobile) during two campaigns.

4.  The applicant was honorably released from active duty in pay grade E-5 on 2 February 1968 as an overseas returnee.  He was transferred to the United States Army Reserve Control Group (Reinforcement).

5.  Entries on the applicant's DD Form 214, item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), list the following awards:  the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Bronze Star Medal, the Army Commendation Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and three overseas service bars.

6.  The applicant's record shows that he received ratings of "excellent" in conduct and efficiency.  There is no evidence the applicant was found disqualified for award of the Army Good Conduct Medal.

7.  A search of the Awards and Decorations Computer-Assisted Retrieval System was conducted.  This review failed to show that any orders were published awarding the applicant any awards other than the Bronze Star Medal and the Army Commendation Medal during his service in Vietnam.  The Bronze Star Medal and the Army Commendation Medal are currently shown on his DD Form 214.

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.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

9.  Army Regulation 600-8-22 also authorizes 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 campaign or service medal including the Vietnam Service Medal.  A silver service star is worn instead of five bronze service stars.

10.  DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit, Headquarters and Headquarters Company, 11th Aviation Group, was cited for award of the Presidential Unit Citation for the period from 23 October 1965 to 26 November 1965 by Headquarters, Department of the Army, General Orders Number 40, dated 1967; the Meritorious Unit Commendation for the period from September 1965 to November 1966 by Headquarters, Department of the Army, General Orders Number 17, dated 1968; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by Headquarters, Department of the Army, General Orders Number 59, dated 1969.  These unit awards are not shown on the applicant's DD Form 214.

11.  Department of the Army Pamphlet 672-3 also shows the applicant's unit, the 282nd Aviation Company, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 27 March 1967 to 17 May 1968 by Headquarters, Department of the Army, General Orders Number 21, dated 1969.  This unit award is also not shown on the applicant's DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant had "excellent" conduct and efficiency ratings throughout his service in the Army and attained the pay grade of E-5.  The applicant met the criteria for award of the Army Good Conduct Medal; however, this award is not shown on DD Form 214.  He is therefore eligible for award of the Good Conduct Medal (First Award) for the period 11 February 1965 to 2 February 1968 and to have it added to his DD Form 214.

2.  The evidence also confirms the applicant served in Vietnam for five campaigns and is entitled to one silver service star to be affixed to his already-awarded Vietnam Service Medal to denote his campaign credit.  It would also be appropriate to add this service star to his DD Form 214.

3.  General orders authorized the applicant’s unit, Headquarters and Headquarters Company, 11th Aviation Group, award of the Presidential Unit Citation, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  General orders also entitled the applicant's unit, the 282nd Aviation Company, to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his tenure of assignment in Vietnam.  These unit awards are not shown on his DD Form 214.  Therefore, he is entitled to have his records corrected to show these unit awards.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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 the applicant the Army Good Conduct Medal for the period 11 February 1965 to 2 February 1968; and 

	b.  adding one silver service star to be affixed to his already-awarded Vietnam Service Medal to denote his campaign participation credit, the Presidential Unit Citation, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards) to the list of awards already shown on his DD Form 214 and providing him a corrected DD Form 214 that includes these awards.



      ___________XXX______________
                 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)                                         AR20090003947



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090003947



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1