IN THE CASE OF:	  

		BOARD DATE:	  19 May 2010

		DOCKET NUMBER:  AR20090019928 


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) for the period ending on 24 October 1967 to show award of the Army Good Conduct Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  In addition, he requests any and all other awards he is entitled to.

2.  The applicant states that prior to his separation from active duty the award of the Army Good Conduct Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation were not added to his DD Form 214.  

3.  The applicant provides his DD Form 214.

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 on 12 November 1965 and successfully completed basic training and advanced individual training (AIT).  He was awarded military occupational specialty 67N (UH-1 Helicopter Repairman).

3.  The applicant arrived in Vietnam and was assigned to C Battery, 2nd Battalion, 20th Artillery, 1st Cavalry Division (Airmobile) on 28 October 1966.  He departed Vietnam on 22 October 1967 after being credited with participating in two campaigns.

4.  On 24 October 1967, the applicant was honorably released from active duty in the rank of specialist five (SP5)/E-5 after completing 1 year, 11 months, and 
13 days of creditable active service with no time lost.

5.  The applicant's DD Form 214 for the ending period of 24 October 1967 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Air Medal, the Marksman Marksmanship Qualification Badge (M-14 Rifle), and two overseas service bars.

6.  Headquarters, 1st Cavalry (Airmobile) Division General Orders Number 6904, dated 14 November 1967, show that the applicant was awarded the Air Medal (1st through 10th Oak Leaf Cluster) for meritorious achievement while participating in aerial flight in the Republic of Vietnam.

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings as "excellent" throughout his period of service.

8.  Army Regulation 672-5-1 (Military Awards), 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.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Aircraft Crew Member Badge.  The Aircraft Crew Member Badge could be permanently awarded to Soldiers upon successful completion of formal AIT in career management field (CMF) 67 MOSs.  The Aircraft Crew Member Badge is now known as the Aviation Badge.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This regulation also 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.  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 document shows that at the time of the applicant’s assignment to the 2nd Battalion, 20th Artillery, 1st Cavalry Division (Airmobile), it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 9 August 1965 through 19 May 1969 based on Headquarters, Department of the Army, General Orders Number 59, dated 1969.

12.  Department of the Army Pamphlet 672-3 shows that at the time of the applicant’s assignment to C Battery, 2nd Battalion, 20th Artillery, 1st Cavalry Division (Airmobile), it was cited for award of the Presidential Unit Citation for the period from 25 August 1966 through 11 December 1966 based on Headquarters, Department of the Army, General Orders Number 2, dated 1973.

13.  Department of the Army Pamphlet 672-3 shows that at the time of the applicant’s assignment to C Battery, 2nd Battalion, 20th Artillery, 1st Cavalry Division (Airmobile), it was cited for award of the Valorous Unit Award for the period from 1 October 1967 through 31 October 1967 based on Headquarters, Department of the Army, General Orders Number 39, dated 1970.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal to include the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was separated in the rank of specialist five with 1 year,
11 months, and 13 days of creditable active service with no time lost and conduct 

and efficiency ratings of "excellent" throughout his period of service.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 12 November 1965 through 24 October 1967.

2.  Evidence of record shows that the applicant was awarded 11 awards of the Air Medal.  He is also eligible for award of the Aviation Badge.  His DD Form 
214 should be amended to add these awards. 

3.  The applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Presidential Unit Citation, and the Valorous Unit Award.  His participation in two campaigns makes him eligible to wear two bronze service star on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be amended to add these awards.

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 Army Good Conduct Medal (1st Award) for the period 
12 November 1965 through 24 October 1967; 

	b.  deleting the Air Medal entry in item 24 of his DD Form 214; and
	
	c.  amending his DD Form 214 by adding the Army Good Conduct Medal (1st Award), the Air Medal with Numeral 11, the Aviation Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Presidential Unit Citation, 

the Valorous Unit Award, and two bronze service star to be worn 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)                                         AR20090019928



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ABCMR Record of Proceedings (cont)                                         AR20090019928



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