IN THE CASE OF:	  

		BOARD DATE:	  25 January 2011

		DOCKET NUMBER:  AR20100016252 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his awards of the Air Medal with 15 oak leaf clusters (OLC) and "V" device, the Meritorious Unit Commendation (MUC), and the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation.

2.  The applicant states he did not challenge the omissions in his records at the time of his release from active duty (REFRAD); however, he has a claim with the Department of Veterans Affairs and wants his records to reflect what really happened.

3.  The applicant provides:

* copies of citations for the Air Medal (1st through 15th OLC)
* copies of a citation and orders for award of the Air Medal with 1st OLC for heroism
* a copy of General Orders Number 46 awarding his unit the RVN Gallantry Cross with Palm Unit Citation

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 26 January 1966 and transferred to Fort Jackson, South Carolina, where he was honorably discharged on 2 February 1966 to enlist in the Regular Army.

3.  He enlisted in the Regular Army on 3 February 1966 for a period of 3 years and training as a multi-engine twin rotor helicopter mechanic.  He was transferred to Fort Gordon, Georgia, to undergo basic training and then to Fort Eustis, Virginia, to undergo advanced individual training before being assigned to Fort Benning, Georgia, for his first duty assignment.

4.  On 27 January 1967, he was assigned to the 200th Aviation Company and on 13 March 1967 he was transferred to Vietnam with his unit.  He was advanced to pay grade E-4 on 29 April 1967.

5.  General Orders Number 4221 issued by Headquarters, 1st Aviation Brigade, awarded the applicant the Air Medal for the period 25 May 1967 to 19 June 1967.

6.  The applicant was promoted to pay grade E-5 on 21 October 1967.  He departed Vietnam on 12 April 1968 for assignment to Fort Sill, Oklahoma, where he remained until he was honorably REFRAD on 31 January 1969 due to the expiration of his term of service.  He had 3 years and 6 days of total active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, the Air Medal, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal, and the Aircraft Crewman Badge.

7.  A review of his official records shows he received "excellent" conduct and efficiency ratings throughout his service and his records are void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).  His records also show that he served in four campaigns in Vietnam and he was awarded the Army Commendation Medal (ARCOM) in General Orders Number 3565 issued by Headquarters, 1st Aviation Brigade, for the period of April 1967 to April 1968.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, established the criteria for award of the AGCM.  It stated that the AGCM was established by Executive Order 8809, dated 28 June 1941, as amended by Executive Order 9323 and Executive Order 10444, and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also stated that for the first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualified for award of the AGCM.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates the applicant's unit was awarded the RVN Gallantry Cross with Palm Unit Citation and the MUC during the period he was assigned to the unit.

10.  Army Regulation 600-8-22 (Military Awards) states the bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the ARCOM, the Air Medal, and the Bronze Star Medal.  Although more than one award of the ARCOM, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one "V" device may be worn on awards of these medals.

11.  Army Regulation provides for wear of one bronze service star on the appropriate service medal, to include the Vietnam Service Medal, for each campaign participation credit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided a certificate awarding him the Air Medal with 2nd through 15th OLC.  Further, given his military occupational specialty and documented gallantry, it is reasonable to presume he received the Air Medal with 15 OLC's and "V" Device.  Accordingly, this award should be added to his records at this time.

2.  The applicant's unit was awarded the RVN Gallantry Cross with Palm Unit Citation and the MUC and he was also awarded the ARCOM which is not reflected in his records.  Accordingly, he is entitled to have those awards added to his records at this time.

3.  After carefully examining the applicant's record of service, it appears the applicant should have received the AGCM for his service from 26 January 1966 through 25 January 1969.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant's unit commander to disqualify him from receiving the award.

4.  Additionally, the applicant participated in four campaigns in Vietnam and is entitled to four bronze service stars for wear on his already-awarded VSM.

BOARD VOTE:

____X___  ____X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* awarding him the AGCM for the period of 26 January 1966 through 25 January 1969
* deleting his awards of the Air Medal and VSM from his DD Form 214
* adding awards of the Air Medal with 15 OLC's and "V" device, ARCOM, VSM with four bronze service stars, MUC, and RVN Gallantry Cross with Palm Unit Citation to his DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply 


appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20100016252



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ABCMR Record of Proceedings (cont)                                         AR20100016252



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