IN THE CASE OF:	  

		BOARD DATE:	  3 February 2011

		DOCKET NUMBER:  AR20100018833 


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 award of the Air Medal with cluster (known as the Air Medal with Oak Leaf Cluster), Army Good Conduct Medal, Vietnam Service Medal, and Vietnam Campaign Medal (known as the Republic of Vietnam Campaign Medal with 1960 Device).  

2.  The applicant states his records do not reflect his service and he would like his records corrected.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 12 January 1968.  He completed his initial entry training and was awarded military occupational specialty 76P (Stock Control and Accounting Specialist).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 6 October 1968 to on or about 12 June 1969.  Item 38 (Record of Assignments) shows he served with the following units:

* Company E (Provisional), Troop Command, U.S. Army Pacific Command (USARPAC), as a stock control and accounting specialist
* 116th Aviation Company, USARPAC, as a gunner
* 341st Aviation Support Detachment (attached), as a gunner

4.  The applicant's DA Form 20, item 38 (Record of Assignments), shows he received "excellent" conduct and efficiency ratings up to 12 April 1969.  From this date to his separation date, he received “unsatisfactory” conduct and efficiency ratings.  His service records reveal a disciplinary history that shows he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice on four separate occasions for the following offenses:

* for disobeying a lawful order 
* for being disrespectful towards a superior commissioned officer 
* for being absent without leave (AWOL) on two separate occasions
* for failure to go to his appointed place of duty while stationed in USARPAC on three separate occasions

5.  There is no record of court-martial or of a commander’s disqualification for award of the Army Good Conduct Medal filed in his service records.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the Air Medal or Army Good Conduct Medal.  This form does show he was awarded the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with 1960 Device.  His personnel service record is devoid of orders announcing award of the Air Medal and Army Good Conduct Medal.

7.  A 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 any orders awarding the applicant the Air Medal.

8.  On 12 June 1969, the applicant was discharged prior to the expiration of his term of service under the provisions of Army Regulation 635-212 for unsuitability.  He was issued a General Discharge Certificate.  His DD Form 214 shows he had completed 1 year, 5 months, and 1 day of active service.  Item 12c (Foreign and/or Sea Service) shows he served 8 months and 7 days of foreign service.

9.  Item 24 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal and Combat Infantryman Badge.

10.  References:

	a.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  It stated that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  Twenty-five category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  Army Regulation 672-5-1 (Military Awards), effect at the time, provided that the Army Good Conduct Medal 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.  There was no right or entitlement to the Army Good Conduct Medal until the immediate commander had made a positive recommendation for the award, and until the awarding authority had announced the award in general orders.

	c.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service.  This period was each 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.

	d.  Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal and states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During the applicant's tour of duty in Vietnam, he participated in the following three campaigns:

* Vietnamese Counteroffensive Phase V (1 July – 1 November 1968)
* Vietnamese Counteroffensive Phase VI (2 November 1968 – 22 February 1969)
* Tet 69/Counteroffensive (23 February – 8 June 1969)

	e.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows that the 341st Aviation Detachment, a unit to which he was assigned, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 by Department of the Army General Order Number 5, dated 1973. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was awarded the Air Medal with Oak Leaf Cluster while serving in the Republic of Vietnam.  However, no general orders were found in his personnel service record or within ADCARS to support his contention that he was awarded the Air Medal.  Therefore, without general orders there is no basis to correct his record to show this award.

2.  The applicant contends he should be awarded the Army Good Conduct Medal for his first period of federal service.  There are no orders in his record awarding him the Army Good Conduct Medal and there is no indication that his chain of command disqualified him from this award.  However, his last conduct and efficiency ratings were “unsatisfactory” which was supported by four NJPs imposed under Article 15 of the UCMJ.  In addition, he was separated prior to his expiration term of service date under the provisions of Army Regulation 635-212 for unsuitability and his service was characterized as under honorable conditions.  Therefore, the applicant’s record does not support award of the Army Good Conduct Medal as his conduct was not exemplary.  

3.  Based on the applicant’s service totaling 8 months and 7 days in the Republic of Vietnam he is entitled to correction of his record to show award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with 1960 Device.  Additionally, he participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to his Vietnam Service Medal. 

4.  While assigned to Vietnam, one of the applicant's units received the Republic of Vietnam Gallantry Cross with Palm Unit Citation when he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show 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 adding these awards to item 24 of his DD Form 214:

* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with 1960 Device 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 

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 awarding him the Air Medal with Oak Leaf Cluster and 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)                                         AR20100018833



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ABCMR Record of Proceedings (cont)                                         AR20100018833



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