IN THE CASE OF:	  

		BOARD DATE:	  7 October 2010

		DOCKET NUMBER:  AR20100010194 


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 add his Air Medal with "V" Device and 16th Oak Leaf Cluster.

2.  The applicant states that all of these awards were not entered on his DD Form 214.

3.  The applicant provides copies of his DD Form 214; orders for award of the Air Medal with "V" Device (7th Oak Leaf Cluster); and a citation and 1st endorsement for award of the Air Medal (8th through 16th 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.  Evidence of record and background information:

	a.  On 22 January 1964, the applicant enlisted in the Regular Army.  He completed his initial training and he was awarded military occupational specialty (MOS) 11H (Infantryman Indirect Fire Crewman).

	b.  On or about 15 June 1964, the applicant departed Fort Ord, CA, for duty in Hawaii with the 1st Battalion, 27th Infantry Regiment.

	c.  On 22 July 1965, the applicant accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) for being off-post without a pass.

	d.  On 6 January 1966, he deployed with his unit to the Republic of Vietnam (RVN).

	e.  On 2 June 1966, the applicant was reassigned for duty as a gunner with 
D Troop, 3rd Squadron, 4th Cavalry Regiment.

	f.  On 17 December 1966, the applicant departed the RVN en route to the continental United States for duty with the 3rd Training Brigade, Fort Gordon, GA.

	g.  On 19 January 1968, the applicant was released from active duty and he was transferred to the U.S. Army Reserve (USAR), Control Group (Reinforcement) to complete his remaining Reserve obligation.  He had attained the rank/grade of sergeant (SGT)/E-5, and he had completed 3 years,
11 months, and 28 days of total active service.

	h.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Expert Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Pistol Bar, National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal with Device (1960), Combat Infantryman Badge, Purple Heart, Armed Forces Expeditionary Medal, Bronze Star Medal, Aircraft Crewman Badge, and the Air Medal with 11th Oak Leaf Cluster.

	i.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.


3.  Available award orders for the applicant:

	a.  General Orders Number 743, U.S. Army Support Command, Vietnam, 
24 May 1965, Air Medal for 23 February to 13 March 1965;

	b.  General Orders Number 295, U.S. Army Vietnam, 25 August 1965, Air Medal, 1st Oak Leaf Cluster for 14 to 20 March 1965;

	c.  General Orders Number 374, U.S. Army Vietnam, 1 September 1965, Air Medal, 2nd Oak Leaf Cluster for 20 March to 5 April 1965;

	d.  General Orders Number 574, U.S. Army Vietnam, 15 September 1965, Air Medal, 4th Oak Leaf Cluster for 24 April to 16 May  1965; and 5th Oak Leaf Cluster for 16 May to 1 June 1965;

	e.  General Orders Number 1238, 25th Infantry Division, 16 October 1966, Air Medal, 6th Oak Leaf Cluster for 7 June to 7 July 1965;

	f.  General Orders Number 1568, 25th Infantry Division, 23 November 1966, Air Medal with "V" Device and 7th Oak Leaf Cluster for heroic action on 
8 October 1966;

	g.  General Orders Number 1738, 25th Infantry Division, 4 December 1966; Air Medal with 8th Oak Leaf Cluster for 7 to 18 July 1966;

	h.  General Orders Number 1739, 25th Infantry Division, 4 December 1966; Air Medal with 9th Oak Leaf Cluster for 20 July to 4 August 1966; and 10th Oak Leaf Cluster for 15 to 31 August 1966;

	i.  General Orders Number 1741, 25th Infantry Division, 4 December 1966; Air Medal with 11th Oak Leaf Cluster for 31 August to 13 September 1966; and

	j.  General Orders Number 2002, 25th Infantry Division, 24 December 1966, Air Medal with 12th through 16th Oak Leaf Clusters for 14 September to
27 November 1966.

4.  References and relevant information:

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


	b.  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 two campaigns:

* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase (1 July 1966 - 31 May 1967)

	c.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that during the time of the applicant's assignment to the following units, the units were cited for the respective awards:

   (1)  1st Battalion, 27th Infantry Regiment:

* Valorous Unit Award for the period January - June 1966 by Department of the Army General Orders (DAGO) Number 20, dated 1967
* RVN Gallantry Cross with Palm Unit Citation for the period January 1966 - August 1968, by DAGO Number 48, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 - 21 January 1970 by DAGO 51, dated 1971

(2)  3rd Squadron, 4th Cavalry Regiment:

* RVN Gallantry Cross with Palm Unit Citation for the period March 1966 - August 1968, by DAGO Number 48, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 15 March 1966 - 21 January 1970, by DAGO Number 51, dated 1971

	d.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.


	e.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed 
a qualified 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his Air Medal with "V" Device and 16th Oak Leaf Cluster.

2.  General orders indicate that the applicant was awarded a total of seventeen Air Medals and the "V" Device for heroism.  Therefore, his DD Form 214 should be corrected to show award of the Air Medal with "V" Device and Numeral 17.

3.  Notwithstanding the applicant’s offense of being off-post without a proper pass, his records clearly show he distinguished himself in the performance of his military service as evidenced by his attaining the rank of SGT/E-5, receiving 17 Air Medals including one for valor, and achieving "excellent" conduct and efficiency ratings through his service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he is entitled to award of the Army Good Conduct Medal for the period 22 January 1964 through 21 January 1967 and correction of his DD Form 214 to show this award.

4.  Records show that the applicant participated in two campaign phases during his service in the RVN.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  The applicant's unit was cited in general orders for award of the Valorous Unit Award.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  The applicant's units were cited in general orders for two awards each of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these foreign unit 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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal and the Air Medal (11th Oak Leaf Cluster);

	b.  awarding him the Army Good Conduct Medal for the period 22 January 1964 through 21 January 1967;

	c.  and adding to item 24 of his DD Form 214 the:

* Air Medal with "V" Device and Numeral 17
* Army Good Conduct Medal
* Vietnam Service Medal with two bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2 awards)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2 awards)



      ___________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)                                         AR20100010194



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ABCMR Record of Proceedings (cont)                                         AR20100010194



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