IN THE CASE OF:	  

		BOARD DATE:	  30 November 2010

		DOCKET NUMBER:  AR20100012121 


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 the Air Medal with Numeral 13 and the award of the Army Good Conduct Medal.

2.  The applicant states he served as a door gunner for all of his first year in the Republic of Vietnam and earned the Air Medals.  Further, he did not receive his Army Good Conduct Medal.

3.  The applicant provides copies of his DD Form 214, effective 31 July 1967, and his Air Medal orders showing the tenth, eleventh and twelfth oak leaf clusters.

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.  His record shows he enlisted in the Regular Army on 29 October 1964.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The records show he served in the Republic of Vietnam from on or about
15 December 1965 to on or about 27 July 1967.  He was assigned to the 161st Aviation Company, 1st Aviation Brigade.

4.  He accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), during his tour in the Republic of Vietnam, for sleeping at his guard post.

5.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "good" and "excellent" conduct and efficiency ratings throughout his period of service.

6.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, confirmed the validity of each of the general orders provided by the applicant.

7.  Headquarters, 1st Aviation Brigade, General Orders Number 602, dated 
17 February 1967, award him the Air Medal with tenth oak leaf cluster for the period 20 September 1966 to 13 October 1966.

8.  Headquarters, 1st Aviation Brigade, General Orders Number 1964, dated 
28 December 1966, award him the Air Medal with eleventh oak leaf cluster for the period 14 October 1966 to 26 October 1966.

9.  Headquarters, 1st Aviation Brigade, General Orders Number 1978, dated 
29 December 1966, award him the Air Medal with twelfth oak leaf cluster for the period 27 October 1966 to 7 November 1966.

10.  He was honorably released from active duty on 31 July 1967 and transferred to the United States Army Reserve Control Group (Reinforcement).  The DD Form 214 he was issued at the time shows he completed 2 years, 9 months, and 
2 days of total active service.

11.  Item 24 (Decorations, 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 bronze service star, Vietnam Campaign Medal with "1960" device, Air Medal with 9th oak leaf cluster, Aircraft Crewmember Badge, and Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Machine Gun Bar (M-60).

12.  A review of his records indicates he is entitled to additional awards which are not listed on his DD Form 214.

13.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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, he participated in the following four campaigns:

* Vietnam Defense (8 March - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive, Phase III (1 June 1967 - 19 January 1968)

14.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during his service with the 161st Aviation Company his unit was awarded:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1966 - 26 March 1967 by Department of the Army General Orders (DAGO) 22, dated 1968
* Valorous Unit Award for the period 28 May - 30 May 1966 by DAGO 37, 1970

15.  Army Regulation 672-5-1(Awards) stated the Army Good Conduct Medal was awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  It was awarded on a selective basis to each Soldier who distinguished himself from among his fellow Soldiers by his exemplary conduct, efficiency, and fidelity while in an enlisted status.  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; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

16.  Army Regulation 600-8-22 provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The ribbon denotes the first award and numerals starting with the numeral 2 denote the total number of awards.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to add the Air Medal with Numeral 13 and the award of the Army Good Conduct Medal.

2.  General orders awarded him the Air Medal with twelve oak leaf clusters.  Therefore, his DD Form 214 should be corrected to show his Air Medal with Numeral 13.

3.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Valorous Unit Award; therefore, he is entitled to correction of his DD Form 214 to show these awards.

4.  The evidence of record shows he was awarded the Vietnam Service Medal.  His records also show he participated in four campaigns while serving in Vietnam.  His DD Form 214 currently shows one bronze service star; therefore, he is entitled to correction of his DD Form 214 to show three additional bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

5.  There are no orders in his military personnel record awarding him the Army Good Conduct Medal during his enlistment.  Although there is no indication his chain of command disqualified him from award of the Army Good Conduct Medal, his record shows imposition of NJP for sleeping at his guard post and conduct ratings less than "excellent".  Therefore, his conduct is not considered exemplary and does not meet the criteria for award of the Army Good Conduct Medal.

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 deleting the Vietnam Service Medal with bronze service star and Air Medal with 9th oak leaf cluster and adding the following:

* Air Medal with numeral "13"
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Valorous Unit Award
* Vietnam Service Medal with four bronze 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 to the award of the Army Good Conduct Medal.



      ___________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)                                         AR20100012121





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ABCMR Record of Proceedings (cont)                                         AR20100012121



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