IN THE CASE OF:	  

		BOARD DATE:	  29 June 2010

		DOCKET NUMBER:  AR20090021895 


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 
13 January 1972 to show a 4th award of the Air Medal and the Army Good Conduct Medal.

2.  The applicant states, in effect, that the above awards should be added to his DD Form 214.  

3.  The applicant provides:

* two DD Forms 214

* an Air Medal Citation Certificate, for the period 11 June 1970 through 
30 August 1970

* a U.S. Army Medical Research Volunteer Program certificate

* two Department of the Army Certificates of Training 

* Headquarters, 101st Airborne Division (Airmobile) Special Orders Number 118, dated 28 April 1970

* Headquarters, 101st Airborne Division (Airmobile) General Orders Number 11993, dated 29 September 1970

* Headquarters, 101st Airborne Division (Airmobile) General Orders Number 15105, dated 27 December 1970

* an Air Medal certificate, dated 27 December 1970

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.  On 10 June 1969, the applicant was inducted into the Army of the United States (AUS).  He was honorably discharged from the AUS on 15 June 1969.  On 16 June 1969, the applicant enlisted in the Regular Army and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 67N (UH-1 Helicopter Repairman).  

3.  The applicant arrived in Vietnam and was assigned to B Company, 5th Transportation Battalion, 101st Airborne Division (Airmobile) on 18 December 1969.  

4.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number 11993, dated 29 September 1970, show that the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam.

5.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number 15105, dated 27 December 1970, show that the applicant was awarded the Air Medal (2nd through 4th Award) for meritorious achievement while participating in aerial flight in the Republic of Vietnam.

6.  On 9 November 1970, the applicant departed Vietnam.


7.  On 13 January 1972, the applicant was honorably released from active duty in the rank of specialist five (SP5)/E-5 after completing 2 years, 7 months, and 
4 days of creditable active service with no time lost.

8.  The applicant's DD Form 214 for the ending period 13 January 1972 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal, the Bronze Star Medal, and the Marksman Marksmanship Qualification Badge (M-14 Rifle).

9.  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.

10.  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.

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

12.  Army Regulation 600-8-22 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.

13.  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 5th Transportation Battalion, 101st Airborne Division (Airmobile), it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period from 1 July 1968 through 2 May 1970 based on Headquarters, Department of the Army, General Orders Number 48, dated 1971.

14.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded four 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. 

2.  The applicant was separated in the rank of specialist five with 2 years, 
7 months, and 4 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 10 June 1969 through 13 January 1972.

3.  The applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  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 
10 June 1969 through 13 January 1972; and 

	b.  amending his DD Form 214 by adding the Army Good Conduct Medal (1st Award), the Air Medal with Numeral 4, the Aviation Badge, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 



      _______ _  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)                                         AR20090021895





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ABCMR Record of Proceedings (cont)                                         AR20090021895



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