IN THE CASE OF:	  

		BOARD DATE:	  17 June 2010

		DOCKET NUMBER:  AR20090021121 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Air Medal with Seventh Oak Leaf Cluster and any other awards he may be entitled to and their addition to his DD Form 214.

2.  The applicant states, in effect, he would like his service records to be complete by the addition of the Air Medal with Seventh Oak Leaf Cluster and any other awards that might be missing from his discharge.  His DD Form 214 does not list all of the awards and citations he earned while serving during the Vietnam War.   

3.  The applicant provides:

	a.  copies of general orders and citation for his award of the Air Medal with Sixth Oak Leaf Cluster for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 4 June 1966 to 13 June 1966; and 

	b.  citations for award of the Air Medal with First through Seventh Oak Leaf Cluster.

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.  His military records show that he was inducted into the Army of the United States on 8 December 1964.  He completed training in military occupational specialty 67N, Helicopter Mechanic.  He served in Vietnam from 26 August 1965 to 28 July 1966 during three campaigns.  He served with the 121st Aviation Company. 

3.  He was honorably released from active duty in pay grade E-4 on 3 November 1966 and transferred to the United States Army Reserve Control Group (Annual Training).

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards:  the Vietnam Service Medal, the National Defense Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).

5.  His records contain General Orders Number 1167, dated 25 November 1966, showing he was awarded the Air Medal with Seventh Oak Leaf Cluster for  meritorious achievement while participating in aerial flight in the Republic of Vietnam from 14 June 1966 to 1 July 1966, and the resulting citation for this award.  

6.  His DA Form 20 (Enlisted Qualification Record), Item 41 (Awards and Decorations), shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 

7.  His record shows that he received "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no evidence he was disqualified for award of the Good Conduct Medal.

8.  Army Regulation 600-8-22 (Military Awards) provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

9.  Army Regulation 600-8-22 authorizes 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 campaign or service medal including the Vietnam Service Medal.  

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, the 121st Aviation Company, was awarded the Presidential Unit Citation for action on 27 and 28 August 1965, based on Department of the Army General Orders Number 45, dated 1969; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 1 March 1966 through 26 March 1967, based on Department of the Army General Orders Number 22, dated 1968.  

DISCUSSION AND CONCLUSIONS:

1.  He contends that his DD Form 214 should be corrected to show his award of the Air Medal with Seventh Oak Leaf Cluster.  

2.  The evidence of record confirms he was awarded the Air Medal with Seventh Oak Leaf Cluster.  Orders were published for this award on 25 November 1966, after his release from active duty and this award is not shown on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 show this award.

3.  The evidence of record also shows he met the criteria for award of the Army Good Conduct Medal; however, this award is not shown on his DD Form 214.  There is no evidence in his records which shows he was disqualified for this award.  He is therefore entitled to award of the Army Good Conduct Medal (First Award) for the period 8 December 1964 through 3 November 1966 and its addition to his DD Form 214.

4.  The evidence record further confirms he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and he is also entitled to award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal. Therefore, it would be appropriate to correct his DD Form 214 show these awards.

5.  General orders entitled him to wear the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation based upon his assignment with the 121st Aviation Company.

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 (First Award) for the period 8 December 1964 through 3 November 1966;

	b.  adding the Air Medal with Seventh Oak Leaf Cluster, the Army Good Conduct Medal (First Award), the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), three bronze service stars to be affixed to his already-awarded Vietnam Service Medal, the Presidential Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214; and

	c.  providing him a document to show the above corrections.



      _____________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)                                         AR20090021121



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ABCMR Record of Proceedings (cont)                                         AR20090021121



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