IN THE CASE OF:	

		BOARD DATE:	  4 March 2010

		DOCKET NUMBER:  AR20090014833 


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 records to show that he was promoted to the rank of specialist five (SP5) and to show award of an oak leaf cluster to his already-awarded Air Medal.

2.  The applicant states, in effect, that he was told that he had been promoted to SP5 and that he had been awarded an oak leaf cluster to his AM because he had completed an additional 50 combat missions.

3.  The applicant provides a self-authored statement 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 requested correction of his records to show award of an oak leaf cluster to be attached to his already awarded Air Medal.  There is no order or other evidence authorizing award of this decoration to the applicant.  In the absence of a proper award authority for this decoration, the applicant may request award of the oak leaf cluster under the provisions of Title 10, U.S. Code, section 1130.  The applicant has been notified by separate correspondence of the procedures for applying for this decoration under section 1130 and, as a result, it will not be discussed further in this Record of Proceedings.

3.  The applicant's military service records show that he enlisted in the Regular Army on 7 July 1969.

4.  Item 33 (Appointments and Reductions) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he held the rank of specialist four (SP4)/
E-4 with a date of rank of 4 December 1969 and that SP4 was the highest grade he held.

5.  The applicant's DA Form 20 shows he served in the Republic of Vietnam (RVN) from 11 January 1970 to 9 February 1971 and that during his RVN tour he was assigned to the 540th Transportation Company performing duties in military occupational specialty 67N (Helicopter Repairman).

6.  Special Orders Number 260, Headquarters, U.S. Army Vietnam, dated 17 September 1970, show the applicant was awarded flight status as a non-aviator crewmember due to his participation in aerial flight as a crewmember effective 26 July 1970.

7.  General Orders Number 9869, Headquarters, 1st Aviation Brigade, dated 6 October 1970, show the applicant was awarded the AM for meritorious achievement for the period 24 June 1970 to 30 July 1970.

8.  On 9 February 1971, the applicant was honorably separated and transferred to the U.S. Army Reserve after completing a total of 1 year, 7 months, and 3 days of active military service.  The applicant's DD Form 214 effective 9 February 1971 shows that at the time of separation he held the rank of SP4/E-4 and his date of rank was 4 December 1969.  His DA Form 20 shows he received all “excellent” conduct and efficiency ratings during his enlistment.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Vietnam Service Medal, RVN Campaign Medal, and Army Commendation Medal.
10.  Army Regulation 635-5 (Separation Documents) states DD Forms 214 are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  This regulation establishes standardized policy for preparing and distributing the DD Form 214.  It provides that the active duty rank at the time of separation will be entered on the DD Form 214.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.  

12.  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 pamphlet 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 20 July 1965 to 28 March 1973 by Department of the Army General Orders Number 8, dated 1973.  This pamphlet also shows the unit to which the applicant was assigned was cited for award of the Meritorious Unit Commendation for the period 1 November 1968 to 31 January 1970 by Department of the Army General Orders Number 51, dated 1971.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for the Vietnam Conflict.  Based on the applicant's period of service in Vietnam, he participated in the Vietnam Fall-Winter (1 November 1969-30 April 1970), DA Sanctuary Counteroffensive (1 May 1970-30 June 1970), and the Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971) 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.

DISCUSSION AND CONCLUSIONS:

1.  General orders show that the applicant was awarded the AM.  Therefore, he is entitled to have his record corrected to show this award.

2.  The available evidence confirms that the applicant served in the Regular Army from 7 July 1969 to 9 February 1971.  His records show he received "excellent" conduct and efficiency ratings throughout his service.  There is also no evidence of any derogatory information that would have disqualified the applicant for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this medal.
3.  General orders show the unit the applicant was assigned to a unit that was awarded the RVN Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation while he was assigned to it.  Therefore, he is entitled to these awards which are not shown on his separation document.

4.  Records show the applicant participated in three campaigns during his service in Vietnam.  Therefore, he is authorized three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  There is no evidence nor did the applicant submit any evidence to show that he was promoted beyond SP4/E-4.  By regulation, the active duty grade/rank held at the time of separation will be entered on the DD Form 214.  The applicant was an SP4/E-4 at the time of separation and this rank was appropriately entered on his DD Form 214.  There is insufficient evidence to support the requested relief in this case.

BOARD VOTE:

_________  _______  ________  GRANT FULL RELIEF 

___X____  ____X___  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual be corrected by:

	a.  deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal;

	b.  awarding the applicant the Army Good Conduct Medal (1st Award) for the period 7 July 1969 to 9 February 1971; and

	c.  adding to item 24 of the applicant's DD Form 214 the AM, Army Good Conduct Medal (1st Award), Vietnam Service Medal with three bronze service stars, RVN Gallantry Cross with Palm Unit Citation, and Meritorious Unit Commendation.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the promotion to the rank of SP5.



      __________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)                                         AR20090014833



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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