IN THE CASE OF:	  

		BOARD DATE:	  20 May 2010

		DOCKET NUMBER:  AR20090017712 


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 he was awarded the Army Commendation Medal.

2.  The applicant states:

* he was presented the Army Commendation Medal
* the Army Commendation Medal is not shown on his DD Form 214
* award of the Army Commendation is something he accomplished

3.  The applicant provides a copy of the citation awarding him the Army Commendation Medal.

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 was inducted into the Army of the United States on 26 June 1968 and he completed his training as a helicopter repairman.

3.  Special Orders Number 220 were published on 8 November 1968 awarding him the Aircraft Crewman Badge (now known as the Aviation Badge).

4.  The applicant was transferred to Vietnam on 27 November 1968.  While in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase VI Campaign which extended from 2 November 1968 through 22 February 1969
* Tet 69 Counteroffensive Campaign which extended from 23 February 1969 through 8 June 1969
* Vietnam Summer-Fall 1969 Campaign which extended from 9 June 1969 through 31 October 1969
* Vietnam Winter-Spring 1970 Campaign which extended from 1 November 1969 through 30 April 1970

5.  On 15 December 1969, General Orders Number 6537 were published awarding him the Army Commendation Medal for meritorious service in connection with military operations against a hostile force.

6.  The applicant returned to the continental United States on 19 December 1969.  He was honorably released from active duty on 14 September 1970.  His records show he received "excellent" conduct and efficiency ratings throughout his service and his DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Air Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* two overseas service bars

7.  The Army Commendation Medal and the Aircraft Crewman Badge are not shown on his DD Form 214.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who completed a qualified 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.

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Campaign Medal, correctly known as the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the 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 27 March 1967 to 17 May 1968 by Department of the Army General Order Number 21, dated 1969.

11.  Army Regulation 600-8-22 authorizes wear of a bronze service star on the appropriate service medal for each campaign participation credit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Army Commendation Medal by General Orders Number 6537, dated 15 December 1969, and the Aircraft Crewman Badge (i.e., the Aviation Badge) by Special Orders Number 220, dated 8 November 1968.  These awards should be included on his DD Form 214.

2.  His records contain no derogatory information that would have disqualified him from being awarded the Army Good Conduct Medal.

3.  The applicant's records show that he is also authorized the following awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* four bronze service stars to be affixed to his previously-awarded Vietnam Service Medal
* Device (1960) affixed to his previously-awarded Republic of Vietnam Campaign 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:

* awarding him the Army Good Conduct Medal for exemplary service from 26 June 1968 through 14 September 1970 and

* amending his DD Form 214 to add the following awards:

* Army Commendation Medal
* Aviation Badge
* Army Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* four bronze service stars to be affixed to his previously-awarded Vietnam Service Medal
* Device (1960) to be affixed to his previously-awarded Republic of Vietnam Campaign 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)                                         AR20090017712



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ABCMR Record of Proceedings (cont)                                         AR20090017712



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