IN THE CASE OF:	  

		BOARD DATE:	  1 September 2009

		DOCKET NUMBER:  AR20090005683 


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 that he was awarded the Air Medal, the Combat Medical Badge and all other awards that he was authorized during his period of active duty service.

2.  The applicant states his DD Form 214 does not show the above awards.

3.  The applicant provides a copy of Special Orders Number 267, dated 24 September 1969, indicating that he was awarded the Combat Medical Badge; a copy of General Orders Number 4490, dated 22 April 1970 and the accompanying citation indicating he was awarded the Air Medal; and 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.  On 23 October 1968, the applicant was inducted into the Army in New Haven, Connecticut.  He successfully completed his training as a medical corpsman.  He was transferred to Vietnam on 14 March 1969 and he was assigned to Headquarters and Headquarters Company, 2nd Battalion (Ambulatory), 502nd Infantry Regiment.

3.  On 24 September 1969, Special Orders Number 267 were published awarding the applicant the Combat Medical Badge.

4.  On 22 April 1970, General Orders Number 4490 were published awarding the applicant the Air Medal for meritorious achievement while participating in aerial flight from 22 August 1969 through 1 December 1969.

5.  While in Vietnam the applicant participated in the following four campaigns:  the Tet 69 Counteroffensive Campaign, which extended from 23 February through 8 June 1969; the Vietnam Summer-Fall 1969 Campaign, which extended from 9 June through 31 October 1969; the Vietnam Winter-Spring 1970 Campaign, which extended from 1 November 1969 through 30 April 1970; and the Sanctuary Counteroffensive Campaign, which extended from 1 May through 30 June 1970.

6.  The applicant returned to the Continental United States on 25 May 1970.  On 26 May 1970, he was honorably released from active duty (REFRAD) in the rank of specialist four under the provisions of Army Regulation 635-200, chapter 5, as an overseas returnee.

7.  The DD Form 214 that the applicant was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Army Commendation Medal, the Republic of Vietnam Campaign Medal w/Device 1960, and two Overseas Service Bars.  However, the Combat Medical Badge and the Air Medal were not included on his DD Form 214.

8.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were "excellent" while he was in the Army and there is no evidence of any convictions by court-martial contained in his record.



9.  Army Regulation 672-5-1, 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.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

10.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes 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.  In this case, the applicant is entitled to four bronze service stars to be worn on his Vietnam Service Medal.

11.  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 the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 11 July 1968 through 14 May 1969 by Department of the Army General Order (DAGO) Number 48, dated 1971; the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 18 March 1968 through 2 May 1970 by DAGO Number 48, dated 1971; and the Valorous Unit Award for the period 25 April through 25 May 1970 by DAGO Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show he was awarded the Air Medal, the Combat Medical Badge and all other awards that he is authorized to receive.

2. The applicant’s contentions have been considered and they are not without merit.  Special Orders Number 267 were published, on 24 September 1969, awarding him the Combat Medical Badge; and General Orders Number 4490 were published, on 22 April 1970, awarding him the Air Medal.  These awards were erroneously omitted from his DD Form 214; therefore, it should be amended to include these awards.




3.  Based on the criteria contained in Army Regulation 672-5-1, in effect at the time, the applicant is qualified for award of the Good Conduct Medal and his records should be corrected accordingly.

4.  According to Department of the Army Pamphlet 672-3, the unit to which the applicant was assigned was awarded the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation; therefore, these awards should also be included on his DD Form 214.

5.  Additionally, the applicant participated in four campaigns while he was in Vietnam.  Therefore, he is entitled to four bronze service stars to be worn on his already-awarded Vietnam Service Medal.

6.  In view of the foregoing, it would now be appropriate to correct the applicant’s records 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 him the Good Conduct Medal for exemplary service from 23 October 1968 through 26 May 1970 while serving in the rank of specialist four (E-4); and 

   b.  amending his DD Form 214 to add the Air Medal, the Combat Medical Badge, the Good Conduct Medal, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of
   
   
Vietnam Civil Actions Honor Medal, First Class Unit Citation, and four bronze service stars to be worn on his already-awarded 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)                                         AR20090005683



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ABCMR Record of Proceedings (cont)                                         AR20090005683



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