BOARD DATE:	 29 October 2009 

		DOCKET NUMBER:  AR20090007060 


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, that the Air Medal (AM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that an error occurred when the AM was not listed on his DD Form 214.

3.  The applicant provides no evidentiary documents in support of his 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 record shows he was inducted into the Army of the United States and entered active duty on 12 December 1967.  He was trained in and awarded military occupational specialty (MOS) 67M (OH-13/OH-23 Helicopter Repairman), and the highest rank he attained while serving on active duty was specialist four (SP4).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 9 June 1968 to 5 June 1969.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to the 610th Transportation Company performing duties in MOS 67M as a helicopter repairman.  Item 38 also show the applicant received no less than “excellent” conduct and efficiency ratings during his period of active duty.  Item 41 (Awards and Decorations) shows that during his active duty tenure he earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), RVN Campaign Medal with Device 1960, and Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant's Official Military Personnel File (OMPF) contains a DA Form 2627-1 (Record of Proceedings Under Article 15) that shows he accepted 
non-judicial punishment (NJP) for failing to obey a lawful regulation by breaking curfew and off limits instructions on 2 April 1969, and for being absent without leave (AWOL) from on or about 2 through on or about 3 April 1969.  The OMPF is void of any other derogatory information or a unit commander disqualification that would have precluded the applicant from receiving the Army Good Conduct Medal (AGCM).

5.  The applicant’s OMPF contains Headquarters, United States Army Vietnam, General Orders Number 554, dated 17 February 1969, which awarded the applicant the AM for meritorious achievement while participating in aerial flight during the period 26 November 1968 to 26 January 1969.  

6.  On 11 December 1969, the applicant was honorably released from active duty after completing a total of 2 years of active military service.  Item 24 of the applicant’s DD Form 214 shows he earned the following awards:  NDSM, VSM with 3 bronze service stars, RVN Campaign Medal with Device 1960, Expert Marksmanship Qualification Badge with Rifle (M-16) Bar and the Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains guidance on award of the VSM and states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  

8.  Table B-1 of the awards regulation contains a list of campaigns and shows that during the applicant’s tenure of assignment in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase 1V, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and TET 69 Counteroffensive campaigns.

9.  Chapter 4 of the awards regulation prescribes the policy for award of the AGCM.  It states, in pertinent part, that the AGCM 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, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN the applicant's unit (610th Transportation Company) earned the Meritorious Unit Commendation (MUC) and RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to add the AM was carefully considered and found to have merit.  The applicant's OMPF includes official orders which announced his award of the AM for his participation in aerial flight while serving in the RVN.  As a result, it would be appropriate to add the AM to his DD Form 214 at this time.

2.  The applicant’s record also confirms that he received "excellent" conduct and 
efficiency ratings during all of his active duty assignments.  Notwithstanding the NJP action on file, the applicant's record is void of any additional derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  In addition, he received "excellent" conduct and efficiency ratings during the same period the NJP action was taken.  Therefore, it would also be appropriate to award him the first award of the AGCM for his qualifying period of honorable active duty service from 12 December 1967 through 11 December 1969.


3.  The evidence of record also confirms that based on his RVN service and campaign participation, he is eligible for award of the MUC, RVN Gallantry Cross with Palm Unit Citation, and 4 bronze service stars to be worn with his VSM instead of 3 as currently reflected on his DD Form 214.  As a result, it would also be appropriate to add these awards to his DD Form 214 at this time.

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 first award of the Army Good Conduct Medal for his qualifying period of honorable active duty service from 12 December 1967 through 11 December 1969;

	b.  amending item 24 of his DD Form 214 by adding the Army Good Conduct Medal, Air Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, 
4 bronze service stars to be worn with the Vietnam Service Medal, and the Meritorious Unit Commendation; and

	c.  issuing him a correction to his DD Form 214 that includes these changes.




      _______ _   __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)                                         AR20090007060



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ABCMR Record of Proceedings (cont)                                         AR20090007060



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