IN THE CASE OF:	  

		BOARD DATE:	  31 August 2010

		DOCKET NUMBER:  AR20100009426 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be updated to reflect all of his authorized individual and unit awards.

2.  The applicant states that he flew every day as a door gunner during his last 6 months in Vietnam, including night missions, and he believes there is a possible error in the number of hours recorded that may have qualified him for additional Air Medals.  Additionally, his unit awards are not included on his DD Form 214.

3.  The applicant provides a copy of 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 into the Army of the United States on 26 February 1969.  He completed basic training at Fort Bragg, North Carolina, and advanced individual training as a petroleum storage specialist at Fort Lee, Virginia, before being transferred to Vietnam on 6 August 1969.

3.  He was initially assigned to Troop D, 1st Squadron, 10th Cavalry Regiment, 4th Infantry Division, as an aircraft fuel handler.  He was advanced to specialist four/pay grade E-4 on 26 November 1969 and on 31 January 1970 he was assigned as a door gunner.

4.  He departed Vietnam on 5 August 1970 and was transferred to Fort Hood, Texas, where he remained until he was honorably released from active duty on 22 January 1971 to enter or return to college.  He had served 1 year, 10 months, and 27 days of total active service and his DD Form 214 issued at the time of his separation shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal
* Army Commendation Medal with one oak leaf cluster
* Air Medal
* Aircraft Crewman Badge
* Expert Marksmanship Badge with Rifle Bar

5.  A review of his records shows he received "excellent" conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).  His records do not contain any flight records or indication of the number of hours flown.  His records contain orders for only one award of the Air Medal.

6.  Army Regulation 672-5-1 (Military Awards), in effect at the time, established the criteria for award of the AGCM.  It stated that the AGCM was awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also stated that for the first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualified for award of the AGCM.  There was no automatic entitlement to award of the AGCM.

7.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) indicates the applicant's unit was subsequently awarded Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class (RVNCAHM-FC) Unit Citation during the period he was assigned to the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he may be eligible for additional awards of the Air Medal has been noted; however, he failed to show through the evidence submitted with his application and the evidence of record that such was the case.  There simply is insufficient evidence present to make a determination for additional awards; therefore, there appears to be no basis to grant that portion of his request at this time.

2.  However, after carefully examining the applicant's record of service, the Board determined the applicant should have received the AGCM for his service from 26 February 1969 through 22 January 1971.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant's unit commander to disqualify him from receiving the award.

3.  Additionally, the applicant's unit was subsequently awarded the RVNGC with Palm Unit Citation and the RVNCAHM-FC Unit Citation.  Accordingly, he is entitled to have those awards added to his records at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the AGCM for the period 26 February 1969 to 22 January 1971, while serving in the rank of specialist four and by adding his awards of the RVNGC with Palm Unit Citation and the RVNCAHM-FC Unit Citation.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to additional awards of the Air Medal.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by him in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _ 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)                                         AR20100009426



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ABCMR Record of Proceedings (cont)                                         AR20100009426



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