IN THE CASE OF:	  

		BOARD DATE:	    2 September 2010

		DOCKET NUMBER:  AR20100011976 


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 all of the awards and decorations he earned as a result of his service in Vietnam.

2.  The applicant states he was not issued all of the medals that he is entitled to receive for his Vietnam service.

3.  The applicant provides a copy of his DD Form 214, dated 3 August 1973:

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's records show he enlisted in the Regular Army on 6 August 1970 and held military occupational specialty 67U (CH-47 Helicopter Repairman).  

3.  The applicant served in the Republic of Vietnam from on or about 
20 September 1971 to 19 September 1972 and he served with the 180th Aviation Company.

4.  On 3 August 1973, he was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.

5.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal with one bronze service star, Republic of Vietnam Campaign Medal with Device (1960), two overseas service bars, and Aircraft Crewman Badge.  

6.  Headquarters, 1st Aviation Brigade, published the following orders:

* General Orders Number 4, dated 2 January 1973, awarding him the Air Medal
* General Orders Number 3790, dated 12 December 1972, awarding him the Air Medal (2nd through 9th Award)
* General Orders Number 2515, dated 25 August 1872, awarding him the Army Commendation Medal

7.  Republic of Vietnam Armed Forces, II Corps, 22nd Infantry Division, General Orders Number 168 awarded the applicant the Gallantry Cross Medal with Silver Star Citation.  

8.  Headquarters, Department of the Army, General Orders Number 8, dated 1974, awarded his unit, the 180th Aviation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows he participated in the Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971) and the Consolidation I (1 July 1971 to 30 November 1971) campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

10.  A review of the applicant's service record shows he received nonjudicial punishment (NJP) on 9 July 1972 for violating a general regulation by having a local national in his room on 9 July 1972.  This is the only derogatory information in his record.  Additionally, Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "Excellent" conduct and efficiency ratings throughout his period of military service.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have 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 his DD Form 214 should be corrected to show all Vietnam-related awards and decorations.

2.  General orders awarded him the Air Medal (1st through 9th Award) and the Army Commendation Medal which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these medals.

3.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to 2 bronze service stars to be affixed to his already awarded Vietnam Service Medal.

5.  The evidence of record confirms he served honorably during the period 6 August 1970 through 3 August 1973.  He completed a combat tour in the Republic of Vietnam, received "excellent" conduct and efficiency ratings throughout his period of military service, attained the rank/grade of SGT/E-5, and received multiple combat awards.  Aside from the NJP for a minor offense on 
9 July 1971, his record does not contain any other derogatory information that would have disqualified him from receiving his first award of the Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show this medal.

6.  Republic of Vietnam Armed Forces, II Corps, 22nd Infantry Division, General Orders Number 168 awarded the applicant the Gallantry Cross Medal with Silver Star Citation.  However, there is no approval of this foreign award on file.  Therefore, it cannot be added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X___  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 6 August 1970 through 3 August 1973
* deleting from Item 24 of his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the Good Conduct Medal (1st Award), Air Medal (1st through 9th Award), Army Commendation Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Vietnam Service Medal with 2 bronze service stars

2.  The Board further determined that 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 correcting his DD Form 214 to show the Gallantry Cross Medal with Silver Star 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)                                         AR20100011976



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100011976



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1