IN THE CASE OF:	  

		BOARD DATE:	  12 August 2010

		DOCKET NUMBER:  AR20100001204 


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 award of the Air Medal with Numeral 14.

2.  He states he would like his service records to show he was awarded the Air Medal with Numeral 14.  He was in a flight platoon in Vietnam and flying was what he did for a full-tour plus an extended tour.

3.  He provides copies of his general orders, citation, and certificate for his award of the Air Medal with Numeral 14.

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 in pay grade E-1 on 12 June 1968 for 3 years.  He completed training in military occupational specialty (MOS) 67N (UH-1 Helicopter Repairman).  He was honorably discharged on 11 June 1969 for the purpose of immediate reenlistment on 11 June 1969.  He reenlisted on
12 June 1969 for 3 years.

3.  He served in Vietnam from 13 September 1969 to 29 March 1971 during four campaigns.  He served with the 62nd Aviation Company.

4.  His provides a copy of General Orders Number 2786, issued by Headquarters, 1st Aviation Brigade, dated 1 April 1971, that show he was awarded the Air Medal (2nd through 14th award) for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 12 December 1969 to 31 January 1971.  He also provides the associated certificate and citation for this award.

5.  He was honorably released from active duty (REFRAD) in pay grade E-5 on 29 March 1971 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

6.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 29 March 1971 shows the National Defense Service Medal, Aircraft Crew Member Badge, Vietnam Service Medal, Army Commendation Medal with first Oak Leaf Cluster, Republic of Vietnam Campaign Medal with Device (1960), three overseas service bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

7.  His record shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary actions or a commander's disqualification for award of the first award of the Army Good Conduct Medal.

8.  Army Regulation 600-8-22 (Military Awards) specifies 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 Army Good Conduct Medal, disqualification must be justified.

9.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

10.  Army Regulation 600-8-22 states 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 General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, to all personnel assigned to the United States Army Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his award of the Air Medal with Numeral 14.

2.  The evidence of record confirms he was awarded the Air Medal with Numeral 14, indicating 14 awards of the Air Medal.  Orders were published for this award on 1 April 1971, after his REFRAD, and this award is not shown on his DD Form 214 for the period ending 29 March 1971.  Therefore, it would be appropriate to correct his DD Form 214 to 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.  Therefore, he is entitled to award of the Army Good Conduct Medal (first award) for the period 12 June 1968 through 29 March 1971 and its addition to his DD Form 214.

4.  The evidence record further confirms he is also entitled to award of four 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 bronze service stars.

5.  General orders also entitled the applicant to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this unit award on his DD Form 214.

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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 12 June 1968 through 29 March 1971;

	b.  adding to item 24 of his DD Form 214 for the period ending 29 March 1971 the Army Good Conduct Medal (first sward), Air Medal with Numeral 14, Vietnam Service Medal with four bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; 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)                                         AR20100001204



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)