IN THE CASE OF:	  

		BOARD DATE:	    1 April 2010

		DOCKET NUMBER:  AR20090016310 


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 the Air Medal with “V” Device.

2.  The applicant states his medal is important to him and he believes it should be reflected on his discharge document.

3.  The applicant provides a copy of his DD Form 214 and general orders, dated 28 April 1970, 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 enlisted in the Regular Army on 2 August 1968.  The highest grade that he attained was specialist four.  He served in military occupational specialty 67N (UH-1 Helicopter Repairman). 

3.  He served in Vietnam from 2 April 1969 to 20 March 1970.  He served with Troop C, 7th Squadron, 1st Air Cavalry.  He received credit for participation in the Tet 69 Counteroffensive Campaign, the Vietnam Summer - Fall 1969 Campaign, and the Vietnam Winter - Spring 1970 Campaign.  

4.  Headquarters, 1st Aviation Brigade, General Orders Number 879, dated 13 February 1970, show the applicant was awarded the Army Commendation Medal for meritorious service during the period April 1969 to March 1970.  

5.  Headquarters, 1st Aviation Brigade, General Orders Number 2028, dated 1 April 1970 show he was awarded the basic Air Medal for meritorious achievement while participating in aerial flight during the period 13 May 1969 to 26 June 1969.  

6.  Headquarters, 1st Aviation Brigade, General Orders Number 2840, dated 28 April 1970 show he was awarded the Air Medal with “V” Device for action on 4 November 1969.  

7.  The applicant was honorably released from active duty on 29 July 1971 in the rank of specialist four.  At the time of his discharge, he had completed a total of    2 years, 11 months, and 28 days of active military service with no days of lost time.  His DA Form 20 (Enlisted Qualification Record) shows he received conduct and efficiency ratings of "excellent" throughout his service.  His service personnel records do not contain any disciplinary actions. 

8.  His DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, two Overseas Service Bars, the Aircraft Crewman Badge, the Air Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge, and the Republic of Vietnam Campaign Medal as authorized awards.

9.  Headquarters, Department of the Army General Orders (DAGO) Number 8, dated 1974, awarded all units which served in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

10.  Army Regulation 600-8-22 (Military Awards) 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.  

11.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  

12.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows the basic Air Medal as an authorized award.  

2.  General orders show the applicant was awarded the Air Medal with “V” Device for action on 4 November 1969.  Therefore, his DD Form 214 should be amended to reflect the Air Medal with “V” Device.

3.  A review of the applicant's records show entitlement to additional awards and decorations that are not shown on his DD Form 214.

4.  General orders show the applicant was awarded the Army Commendation Medal; however, this award is not reflected on his DD Form 214.  Therefore, it would be appropriate to add the Army Commendation Medal to his DD Form 214.

5.  It appears the applicant has met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period of service from 
2 August 1968 through 29 July 1971.  The applicant’s service records show he received conduct and efficiency ratings of "excellent" throughout his service and he was promoted to specialist four during this period.  

6.  All units that served in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, DAGO Number 8, dated 1974.  The applicant served in Vietnam during a qualifying period.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

7.  The applicant’s DD Form 214 currently reflects the Vietnam Service Medal; however, he received credit for participation in three campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect three bronze service stars for wear on his Vietnam Service Medal.  
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 the period 2 August 1968 through 29 July 1971;

	b.  amending his DD Form 214 by deleting the Air Medal and replacing it with the Air Medal with Numeral "2” and “V” Device; and 

	c.  adding the Army Commendation Medal, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear 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)                                         AR20090016310



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090016310



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1