IN THE CASE OF:	  

		BOARD DATE:	  2 December 2010

		DOCKET NUMBER:  AR20100015002 


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 (Report of Transfer or Discharge) to show award of the Bronze Star Medal, Air Medal with Numeral 10 with "V" Device, and Meritorious Unit Commendation.

2.  The applicant states these awards are very prestigious and should be documented on his discharge papers.

3.  The applicant provides:

* DD Form 214
* Orders, citation, and award certificate for the Bronze Star Medal
* Orders and award certificate for the basic award of the Air Medal
* Orders, citation, and award certificate for the second through ninth award of the Air Medal
* Orders for the Air Medal with "V" Device 

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 15 October 1970.  He arrived in Vietnam on 19 August 1971.  He served as a helicopter repairman assigned to Companies B and C, 101st Aviation Battalion in Vietnam from 3 September 1971 through 1 February 1972.  He was assigned to Company B, 229th Aviation Battalion in Vietnam from 2 February 1972 to 9 April 1972.  On 10 April 1972, the applicant was released from active duty in the rank of specialist five after completing 1 year, 5 months, and 26 days of creditable active service with no time lost.  

3.  The applicant's DD Form 214 shows the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, and one Overseas Service Bar as authorized awards.

4.  Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile) General Orders Number 1061, dated 1 April 1972, show the applicant received the Bronze Star Medal for meritorious service during the period August 1971 to March 1972.

5.  Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile) General Orders Number 1242, dated 14 April 1972, show the applicant received the basic award of the Air Medal for the period 13 September 1971 to 
17 September 1971.

6.  Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile) General Orders Number 1261, dated 18 April 1972, show the applicant received the second through ninth award of the Air Medal for the period 18 September 1971 to 13 March 1972.

7.  Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile) General Orders Number 1396, dated 8 May 1972, show the applicant received the Air Medal with "V" Device for heroism on 5 April 1972.

8.  Records show the applicant participated in three campaigns during his assignment in Vietnam.



9.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant's units (Companies B and C, 101st Aviation Battalion and Company B, 229th Aviation Battalion) were not awarded the Meritorious Unit Commendation while he was assigned to them.  

11.  Department of the Army Pamphlet 672-3 shows the applicant's unit (101st Aviation Battalion) at the time of his assignment was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1971 to 9 October 1971 by Department of the Army General Orders (DAGO) 48, dated 1971

12.  Department of the Army Pamphlet 672-3 shows the applicant's unit (Company B, 229th Aviation Battalion) at the time of his assignment was awarded the:

* Presidential Unit Citation for actions during the period 5 April 1972 to 7 July 1972 by DAGO 18, 1979
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 September 1965 to June 1972 by DAGO 54, dated 1974

13.  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 with Palm 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.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.






15.  Army Regulation 600-8-22 states the Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  Units based in the continental United States are excluded from this award, as are other units outside the area of operations.  

16.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

17.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Bronze Star Medal.  Therefore, his DD Form 214 should be corrected to show this medal.

2.  Orders show the applicant received ten awards of the Air Medal, one award for valor.  Therefore, his DD Form 214 should be corrected to show the Air Medal with Numeral 10 with "V" Device.

3.  Since the applicant's units were not cited for award of the Meritorious Unit Commendation while he was assigned to them, there is no basis for granting the applicant's request in regard to this award. 

4.  The applicant was separated in the rank of specialist five with almost 
18 months of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 15 October 1970 through 10 April 1972 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his DD Form 214 should be corrected to show this award.

5.  The applicant participated in three campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars.  Therefore, his DD Form 214 should be corrected to show the authorized service stars.

6.  The applicant's unit (Company B, 229th Aviation Battalion) was cited for the Presidential Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit award.

7.  The applicant's units, 101st Aviation Battalion and 229th Aviation Battalion, were each cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to them.  Although he is entitled to wear only one of these awards, his DD Form 214 for the period ending 18 September 1971 should be corrected to show two awards of this unit award.

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:

	a.  awarding him the first award of the Good Conduct Medal for the period 
15 October 1970 through 10 April 1972; and

	b.  adding the Good Conduct Medal, Bronze Star Medal, Air Medal with Numeral 10 with "V" Device, Presidential Unit Citation, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214. 




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 award of the 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)                                         AR20100015002



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ABCMR Record of Proceedings (cont)                                         AR20100015002



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