IN THE CASE OF:	  

		BOARD DATE:	    30 November 2010

		DOCKET NUMBER:  AR20100015480 


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 the:

* Army Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions First Class Honor Medal Unit Citation
* Presidential Unit Citation 
* Meritorious Unit Commendation
* Air Medal or Aircraft Crewmember Badge with "V" Device
* any other awards he is entitled to

2.  He states the above awards were omitted from his DD Form 214.

3.  He provides:

* his DD Form 214
* Headquarters, 1st Aviation Brigade, General Orders Number 2512, dated 18 April 1970, awarding him the Air Medal
* Headquarters, U.S. Army Vietnam, General Orders Number 3560, dated 27 December 1971, awarding his unit the Valorous Unit 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 enlisted in the Regular Army on 5 December 1968 for a period of 3 years.  He successfully completed basic and advanced individual training and he was awarded military occupational specialty (MOS) 67N (UH-1 Helicopter Repairman).

3.  He arrived in Vietnam on 4 June 1969 and he was assigned to the 576th Transportation Corps Detachment.  On 12 June 1969, he was reassigned to Headquarters and Headquarters Troop, 3rd Squadron, 17th Air Cavalry in duty MOS 71B as a clerk typist.

4.  Headquarters, 1st Aviation Brigade General Orders Number 2512, dated 
18 April 1970, show the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight from 5 November 1969 to
23 January 1970.

5.  He departed Vietnam on 1 June 1970.  On 4 November 1971, he was honorably released from active duty at the rank of specialist five (SP5)/E-5 after completing 2 years and 11 months of total active service with no time lost.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Aircraft Crewman Badge
* Army Commendation Medal (1st Oak Leaf Cluster)
* Air Medal

7.  General Orders Number 3560, dated 27 December 1971, show his unit was awarded the Valorous Unit Award for heroism during the period 6 May 1970 to
29 June 1970.

8.  His Official Military Personnel File (OMPF) is void of any orders or other documents that indicate he was ever awarded the Air Medal with "V" Device for heroism (valor).

9.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Air Medal with "V" Device.

10.  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, failed to reveal Air Medal with "V" Device orders pertaining to the applicant.

11.  There is no evidence he received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA 
Form 20 shows he received "excellent" conduct and efficiency ratings throughout his period of service.  There is also no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated 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.

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  In pertinent part, it states that the "V" Device is worn to denote participation in acts of heroism involving conflict with an armed enemy.  It was originally worn only on the suspension and service ribbons of the Bronze Star Medal to denote an award made for heroism (valor).  Effective 29 February 1964, the "V" device was also authorized for wear on the Air Medal for heroic acts or valorous deeds.  There is no provision for affixing a "V" Device to the Aircraft Crewman Badge.


14.  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 that at the time of the applicant's assignment to Headquarters and Headquarters Troop, 3rd Squadron, 17th Cavalry it was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 January 1969 through 30 September 1970 based on Department of the Army General Order (DAGO) Number 6, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 May 1969 through 15 May 1970 based on DAGO Number 53, dated 1970

15.  Army Regulation 672-3 does not list Headquarters and Headquarters Troop, 3rd Squadron, 17th Air Cavalry or the 3rd Squadron or the 17th Air Cavalry as being cited for award of the Presidential Unit Citation or the Meritorious Unit Commendation during the period the applicant was assigned to the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was released from active duty in the rank/grade of SP5/E-5 with 2 years and 11 months of total active service with no time lost and "excellent" conduct and efficiency ratings throughout his period of service.  There is no evidence of any derogatory information of a commander's disqualification for award of the first award of the Army Good Conduct Medal.  It appears he met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 5 December 1968 through 4 November 1971.  Therefore, he is entitled to the 1st award of the Army Good Conduct Medal and correction of his DD Form 214 to show this award.

2.  He was assigned to a unit during a period of time this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Valorous Unit Award.  Therefore, his DD Form 214 should be corrected to show these unit awards.

3.  There is no evidence in the available records and the applicant has not provided evidence that he was awarded the Air Medal with "V" Device.  Therefore, there is insufficient evidence to grant this portion of his request.


4.  Army Regulation 600-8-22 specifically states that the "V" can only be worn on the Bronze Star Medal, Air Medal, Army Commendation Medal, and the Joint Service Commendation Medal.  Therefore, there is no basis for add the "V" to his already-awarded Aircraft Crewman Badge.

5.  Army Regulation 672-3 does not list Headquarters and Headquarters Troop, 3rd Squadron, 17th Air Cavalry as being cited for award of the Presidential Unit Citation or the Meritorious Unit Commendation.  Therefore, there is no basis for granting this portion of the applicant's request.

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 Army Good Conduct Medal (1st Award) for the period
5 December 1968 through 4 November 1971; and 

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

* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 
* Valorous Unit Award
 
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 adding the "V" Device for 

wear on his already-awarded Air Medal or Aircraft Crewman Badge, and adding to item 24 of his DD Form 214 the Presidential Unit Citation and 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)                                         AR20100015480



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ABCMR Record of Proceedings (cont)                                         AR20100015480



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