IN THE CASE OF:	  

		BOARD DATE:	  26 January 2010 

		DOCKET NUMBER:  AR20090011463 


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 Army Good Conduct Medal (AGCM), Air Medal (AM), and Korea Defense Service Medal (KDSM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states, in effect, he is eligible for and earned these awards but they were never added to his DD Form 214.  

3.  The applicant provides an AM citation and certificate, a National Personnel Records Center (NPRC) letter, and his DD Form 214 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 record shows he enlisted in the Regular Army and entered active duty on 19 June 1967, and was trained in and awarded military occupational specialty (MOS) 67N (Helicopter Repairer).  

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Korea from 12 January 1968 through 29 January 1969, and in the Republic of Vietnam (RVN) from 2 March 1969 through 1 March 1970.  Item 38 (Record of Assignments) shows that during his tour in Korea, he served with the 55th Aviation Company and during his RVN tour, he served in the 134th Assault Helicopter Company.  Item 38 also shows he received no less than "excellent" conduct and efficiency ratings at all of his active duty assignments.  

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM), Aircraft Crewman Badge (ACB), Armed Forces Expeditionary Medal (AFEM), Army Commendation Medal (ARCOM) 1st Oak Leaf Cluster (2nd Award), Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar, and Expert Marksmanship Qualification Badge with Rifle (M-16) Bar.  

5.  The applicant's Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander disqualification that would have precluded the applicant from receiving the AGCM.  It does contain an AM certificate and citation, dated 24 January 1970, which show the applicant was awarded the AM for the period 9 April through 2 October 1969.  

6.  On 2 March 1970, the applicant was honorably released from active duty, in the rank of specialist five, after completing 2 years, 8 months, and 14 days of active military service.  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 earned the following awards:  NDSM, Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar, Expert Marksmanship Qualification Badge with Rifle (M-16), ARCOM, ARCOM 1st Oak Leaf Cluster (2nd Award), RVN Campaign Medal, AFEM, ACB, and 2 Overseas Service Bars. 

7.  Army Regulation 672-5-1 (Awards) provided the Army's awards policy in effect at the time, which included the criteria for the AGCM.  It stated, in pertinent part, that in order for a member to be eligible for the AGCM, he/she must have received all "excellent" conduct and efficiency ratings and must not have been convicted by a court-martial during the qualifying period.

8.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-13 contains guidance on 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.  

9.  Paragraph 2-20 of the same regulation contains guidance on award of the KDSM.  It states, in pertinent part, that it is authorized for 30 consecutive or for 60 nonconsecutive days of service in Korea during the period from 28 July 1954, to a date to be determined by the Secretary of Defense.  

10.  Paragraph 2-16 of the awards regulation contains guidance on the AM and states, in pertinent part, that it can be awarded for meritorious achievement while participating in aerial flight.  Awards may be made to recognize single acts of merit or heroism, or for meritorious service.  Awards for meritorious service may be made for sustained distinction in the performance of duties involving regular and frequent participation in aerial flight for a period of at least 6 months.  In this regard, accumulation of a specified number of hours and missions will not serve as the basis for award of the AM. 

11.  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, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  It shows that during the applicant's tenure of assignment in the RVN, his unit (134th Assault Helicopter Company) received the RVN Gallantry Cross with Palm Unit Citation.  It also shows that during this period, participation credit was granted for the following RVN campaigns:  TET 69 Counteroffensive (23 February-8 June 1969), Vietnam Summer-Fall 1969 (9 June-31 October 1969), and Vietnam Winter-Spring 1970 (1 November 1969- 30 April 1970). 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the AGCM, AM, and KDSM should be added to his DD Form 214 has been carefully considered and found to have merit.  His record contains an AM certificate and citation that show he was awarded the AM for the period 9 April through 2 October 1969, while serving in the RVN.  

2.  The evidence of record also shows he "excellent" conduct and efficiency ratings and his OMPF is void of derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  As a result, he should be awarded the AGCM for his qualifying period of honorable active duty service from 19 June 1967 through 2 March 1970, and it should be added to his record and DD Form 214.

3.  The record also shows that based on his service in Korea the applicant is eligible for the KDSM.  It further shows that based on his service and campaign participation in the RVN he is eligible for the RVN Gallantry Cross with Palm Unit Citation and 3 bronze service stars with his already-awarded VSM.  Therefore, it would also be appropriate to add these awards to his record and DD Form 214. 

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 awarding him the Army Good Conduct Medal for his qualifying period of honorable active duty service from 19 June 1967 through 2 March 1970; and by amending item 24 of his DD Form 214 by deleting the current Vietnam Service Medal entry and adding the Army Good Conduct Medal, Korea Defense Service Medal, Vietnam Service Medal with 3 bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      ___________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)                                         AR20090011463



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ABCMR Record of Proceedings (cont)                                         AR20090011463


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