IN THE CASE OF:	  

		BOARD DATE:	  6 August 2009

		DOCKET NUMBER:  AR20090003972 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Air Medal with 21st Oak Leaf Cluster.

2.  The applicant states his DD Form 214 does not show his Oak Leaf Clusters on the Air Medal.

3.  The applicant provides an Air Medal citation and general orders awarding him the Air Medal with 1st through 21st Oak Leaf Cluster in support of this application. 

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 on 31 October 1966.  He was awarded the military occupational specialty of senior helicopter mechanic, and was promoted to pay grade E-5.

3.  The applicant's DD Form 214 shows he was honorably released from active duty on 10 October 1968 and transferred to the US Army Reserve Control Group (Annual Training) after completing 1 year, 11 months and 10 days of creditable active service.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he was awarded the Republic of Vietnam (RVN) Campaign Medal, Vietnam Service Medal, Air Medal, Sharpshooter Marksmanship Qualification Badge (M-14), and 2 overseas bars.
  
5.  The applicant's DA Form 20 shows he was assigned to the following units in the Republic of Vietnam: 192d Attack Helicopter Company performing duties as a door gunner during the period 30 October 1967 to 29 June 1968; the 192d Aviation Company, 10th Combat Aviation Battalion as a crew chief during the period 30 June to 5 August 1968; and the 281st Aviation Company, 10th Combat Aviation Battalion as a senior helicopter mechanic during the period 6 August to 7 October 1968.

6.  The applicant's Official Military Personnel File (OMPF) contains Department of the Army, Headquarters, 1st Aviation Brigade, General Orders Number 1260, dated 19 March 1969, showing he was awarded the Air Medal with 1st through 21st Oak Leaf Cluster for meritorious achievement while participating in aerial flight during the period 9 December 1967 to 7 August 1968.

7.  The applicant's records show he is entitled to additional awards and decorations, which he did not request and are not shown on his DD Form 214.

8.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded the National Defense Service Medal.

9.  There is no evidence the applicant received the Good Conduct Medal (First Award).  The applicant received conduct and efficiency ratings of "excellent" throughout his service.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.

10.  Army Regulation 672-5-1 (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. 

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in the Vietnamese Counteroffensive Phase III (1 June 1967 - 29 January 1968), Tet Counteroffensive (30 January - 1 April 1968), Vietnam Counteroffensive Phase IV (2 April - 30 June 1968), and Vietnam Counteroffensive Phase V (1 July - 1 November 1968) campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

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

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant's assignment to the 192d Aviation Company and the 281st Aviation Company, these units were cited for award of the  RVN Gallantry Cross with Palm Unit Citation based on DAGO 6, dated 1974.  This regulation states that not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  However, although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Air Medal with 1st through 21st Oak Leaf Cluster.  Therefore, he is entitled to have the Air Medal with numeral "22" added to his DD Form 214.

2.  The applicant completed a period of qualifying service ending with the termination of a period of Federal military service.  The applicant also had "excellent" conduct and efficiency ratings throughout his service.  Additionally, there is no record of any disciplinary action taken against the applicant or disqualification by his chain of command.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (First Award) and correction of his records to show this award.

3.  The applicant's DA Form 20 shows he was awarded the National Defense Service Medal which was not entered on his DD Form 214.  Therefore, he is entitled to have this award added to his DD Form 214.
4.  The available records show the applicant was awarded the Vietnam Service Medal and participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to his Vietnam Service Medal.

5.  General orders awarded two of the applicant's units the RVN Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show these unit awards.  It is noted that not more than one RVN Gallantry Cross Unit Citation will be worn by any individual.

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 Army Good Conduct Medal (First Award) for the period 31 October 1966 to 10 October 1968;

	b.  deleting the Air Medal and Vietnam Service Medal from his DD Form 214; and

	c.  adding to his DD Form 214 the Air Medal with numeral "22," Army Good Conduct Medal, National Defense Service Medal, RVN Gallantry Cross with Palm Unit Citation (2 awards), and the Vietnam Service Medal with four bronze service stars.


      _______ _   _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)                                         AR20090003972



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ABCMR Record of Proceedings (cont)                                         AR20090003972



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