IN THE CASE OF:	  

		BOARD DATE:	  24 March 2011

		DOCKET NUMBER:  AR20100019292 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of 28 Air Medals. He further requests correction of his date of rank (DOR) to specialist five.

2.  The applicant states these are simple clerical errors.  He further contends that the entry in item 30 (Remarks) of his DD Form 214 indicates that he was demoted.

3.  The applicant provides a copy of his DD Form 214 and his certificates and citation for award of the Air Medals.

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.  On 19 September 1966, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 67N (Helicopter Mechanic).            

3.  Special Orders Number 137, U.S. Army Training Center Infantry, Fort Lewis, Washington, dated 31 October 1966, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  On 22 March 1967, the applicant departed the United States for duty in the Republic of Vietnam. 

	a.  He was assigned to the 80th Transportation Detachment from 20 April to 25 June 1967.

	b.  He was assigned to the 121st Assault Helicopter Company on 26 June 1967.

	c.  General Orders Number 4113, 1st Aviation Brigade, dated 31 August 1967 awarded him the Air Medal for meritorious achievement  during the period 10 to 21 June 1967;

	d.  He was advanced to the temporary rank of specialist four, pay grade E-4 effective 20 September 1967.

	e.  General Orders Number 4874, 1st Aviation Brigade, dated 11 October 1967 awarded him the Air Medal 1st through 6th oak leaf clusters for meritorious achievement  during the period 23 June to 18 August 1967 [seven awards in total].

	f.  He was promoted to the temporary rank of specialist five, pay grade E-5, effective 24 February 1968.

	g.  General Orders Number 2660, 1st Aviation Brigade, dated 3 May 1968, awarded him the Air Medal 7th through 27th oak leaf clusters for meritorious achievement  during the period 19 August 1967 through 13 February 1968 [28 awards in total]. 

5.  On or about 15 April 1968, the applicant returned to the United States for duty at Fort Stewart, Georgia.

6.  On 18 September 1969, the applicant was honorably released from active duty.  He had completed 3 years of creditable active duty service.

7.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were "excellent."  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

8.  The applicant's DD Form 214 indicates:

	a.  in item 5a (Grade, Rank or Rate): specialist five (temporary);

	b.  in item 5b (DOR): 24 February 1968; and

	c.  in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): awards of the National Defense Service Medal, Vietnam Service Medal, [Republic of] Vietnam Campaign Medal with 1960 Device, Air Medal with 6 oak leaf clusters, and the Aircraft Crewman Badge.

	d.  in item 30: specialist four (permanent) E-4 appointed 18 September 1969; DOR: 20 September 1967.

9.  Army Regulation 600-8-22 (Military Awards) 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.
	
10.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods: the Vietnam Counteroffensive, Phase II; the Vietnam Counteroffensive, Phase III; the Tet Counteroffensive; and the Vietnam Counteroffensive, Phase IV.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that both the 80th Transportation Detachment and the 121st Assault Helicopter Company, during the time of the applicant's assignment, were cited in Department of the Army General Orders Number 46, dated in 1969, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

12.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of 28 Air Medals and that the entry in item 30 of this form indicates he was demoted.

2.  The applicant's contention that the entry in item 30 of his DD Form 214 indicates he was demoted is without merit.  The evidence of record clearly shows he was advanced to the temporary rank of specialist four, pay grade E-4 with a DOR of 20 September 1967.  At the time of his release from active duty, this rank was designated as permanent.  Item 5a and 5b of this form clearly show that the applicant was a specialist five, pay grade E-5 at the time of his separation.  Accordingly, there is no error or injustice and this portion of his request should be denied. 

3.  General orders show that the applicant was awarded the Air Medal with 
27 oak leaf clusters.  Therefore, and in accordance with current practice, his records should be corrected to show award of the Air Medal with numeral 28.

4.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist five, receiving multiple awards for meritorious achievement, and "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

5.  Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal.

6.  Records show that the applicant's two units were each cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show two awards of this foreign unit award.   

7.  Records show the applicant qualified as a sharpshooter with his rifle.  Therefore his records should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
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 for the period 19 September 1966 to 18 September 1969;

	b.  deleting from item 24 of his DD Form 214 the entries pertaining to his Vietnam Service Medal and his Air Medal with 6 oak leaf clusters; and

	c.  showing in item 24 of his DD Form 214 that in addition to the awards already shown, his awards include the Air Medal with numeral 28; Army Good Conduct Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 

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 the entry of his permanent rank of specialist four on his DD Form 214.  



      ____________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)                                         AR20100019292





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ABCMR Record of Proceedings (cont)                                         AR20100019292



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