IN THE CASE OF:	  

		BOARD DATE:	    21 October 2010

		DOCKET NUMBER:  AR20100013722 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all the awards he is entitled to.

2.  The applicant states he did not receive the awards missing from his records.

3.  The applicant provides a copy of:

* General Orders (GO) Number 5824, issued by Headquarters, 9th Infantry Division, dated 21 May 1969, awarding him the Distinguished Flying Cross
* GO Number 806, issued by Headquarters, 44th Medical Brigade, dated
15 August 1969, awarding him Air Medal (First Oak Leaf cluster) with "V" Device
* the award certificate and citation for the Air Medal (3rd through
17th award)

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 February 1968 for a period of 3 years.  Upon completion of basic combat and advanced individual training he was awarded military occupational specialty 67N (UH-1 Helicopter Repairman).  

3.  His records show he was assigned to the 247th Medical Detachment (Helicopter Ambulance) in the Republic of Vietnam during the period
19 December 1968 through 18 December 1969.

4.  His DD Form 214 shows he was released from active duty on 4 January 1971 to attend school.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 2 years, 10 months, and 29 days of total active service with 1 year of foreign service.  The highest rank/grade he held was specialist five (SP5)/E-5.

5.  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, Army Commendation Medal with "V" Device, Republic of Vietnam Campaign Medal with Device (1960), Aircraft Crewmember Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16), Marksman Marksmanship Qualification Badge with Pistol Bar (.38 caliber), and two Overseas Service Bars.

6.  The applicant's records contain the following orders pertaining to award of the Air Medal:

* GO Number 261, issued by Headquarters, 44th Medical Brigade, dated
31 March 1969, awarding him the Air Medal
* GO Number 1259, issued by Headquarters, U.S. Army Medical Command, Vietnam, dated 13 July 1970, awarding him the Air Medal (Twelfth through Sixteenth Oak Leaf Cluster)

7.  The applicant has provided copies of orders showing he was awarded the Distinguished Flying Cross and the Air Medal (First Oak Leaf Cluster) with "V" Device. 

8.  A review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.
9.  The applicant's record is void of documentation showing he was recommended for or awarded the Army Good Conduct Medal.  Item 38 of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service and his record is void of any derogatory information that could serve to disqualify him for this award.

10.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years, except in those cases when the period for the first award ended 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.

11.  Army Regulation 600-8-22 (Military Awards), 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 Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* TET 69, Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 247th Medical Detachment was cited for award of the Meritorious Unit Commendation for the period 1 January 1969 -
30 April 1970 by Department of the Army General Orders (DAGO) 24, dated 1972.

13.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973 for service in Vietnam.

14.  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.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his records to show all awards authorized for his military service during the Vietnam Conflict has been carefully considered and was found to have merit.

2.  The evidence confirms that the applicant was awarded the Air Medal (Sixteenth Oak Leaf Cluster) for meritorious achievement and one Air Medal with "V" Device for heroism.  Numerals are now used instead of oak leaf clusters.  Therefore, he is entitled to correction of his DD Form 214 to show the Air Medal with Numeral 17 and with "V" Device.

3.  The evidence shows the applicant was awarded the Distinguished Flying Cross.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant served during four campaign phases in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  His unit in Vietnam was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

6.  The applicant completed a qualifying period of service for award of the Army Good Conduct Medal.  There is no evidence of a commander's disqualification and no evidence of any misconduct which would justify denying him the award.  Therefore, he is entitled to award him the Army Good Conduct (First Award) for the period 6 February 1968 through 4 January 1971 and correction of his DD Form 214 to show this award. 

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;

	b.  awarding him the Army Good Conduct Medal (First Award) for the period
6 February 1968 through 4 January 1971; and

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

* Distinguished Flying Cross
* Air Medal with Numeral 17 and with "V" Device
* Army Good Conduct Medal (First Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Meritorious Unit Commendation



      _______ _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)                                         AR20100013722



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ABCMR Record of Proceedings (cont)                                         AR20100013722



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