IN THE CASE OF:	  

		BOARD DATE:	  22 February 2011

		DOCKET NUMBER:  AR20100019841 


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 the Air Medal and the Army Good Conduct Medal.

2.  He states:

* he received the Air Medal Certificate, dated 4 February 1971, in the mail following his discharge
* he is not sure why the Army Good Conduct Medal was omitted
* he separated on 25 February 1971

3.  He submits copies of:

* his DD Form 214
* his Air Medal Certificate
* his Air Medal 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's records show he enlisted in the Regular Army (RA) on 29 June 1967 and served until 21 June 1968 when he was discharged for the purpose of immediate reenlistment.  The DD Form 214 he was issued shows he was awarded the National Defense Service Medal for this period of service.

3.  He reenlisted in the RA on 22 June 1968.

4.  His DA Form 20 (Enlisted Qualification Record) shows:

* item 31 (Foreign Service) – Republic of Vietnam from 18 August 1969 to 25 February 1971
* item 38 (Record of Assignments):

* 286th Medical Detachment from 25 August 1969 to 28 September 1970
* Headquarters and Headquarters Company, 17th Aviation Group, from 29 September 1970 to 11 January 1971
* 433rd Medical Detachment from 12 January 1971 to 31 January 1971
* 286th Medical Detachment from 1 February 1971 to 18 February 1971
* one "fair" conduct and efficiency rating during basic combat training

5.  On 25 February 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He completed a total of 3 years, 7 months, and 27 days of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued for this period shows he was awarded the National Defense Service Medal, Armed Forces Expeditionary Medal (Korea), Vietnam Service Medal, Republic of Vietnam Campaign Medal, Army Commendation Medal, four overseas service bars, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  He provides a copy of the citation presenting him the Air Medal for the period 12 September 1969 through 30 April 1970.

7.  He provides a copy of the certificate, dated 4 February 1971, awarding him the Air Medal for the period 12 September 1969 through 30 April 1970.

8.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 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.

9.  A review of his records indicates entitlement to additional awards that are not shown on his DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following four campaigns:

* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)
* DA Sanctuary Counteroffensive (1 May 1970-30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)

11.  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 the 286th Medical Detachment was cited for award of the Meritorious Unit Commendation for the period 1 May 1970-30 April 1971 by Department of the Army General Orders Number 5, dated 1973.

12.  Department of the Army Pamphlet 672-3 also shows the unit to which he was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 54, dated 1974.

13.  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 United States Army Human Resources Command, failed to reveal any orders for the Air Medal.


DISCUSSION AND CONCLUSIONS:

1.  Although orders are not available, the certificate and citation are accepted as sufficient to correct his DD Form 214 to show the Air Medal.

2.  He served during four campaigns in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

3.  His unit in Vietnam was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  The evidence of record shows he received a "fair" rating in conduct and efficiency during basic combat training which makes him ineligible for receipt of the Army Good Conduct Medal.  Therefore, he is not entitled to award him the Army Good Conduct (1st Award).

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ____X___  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal and

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

* Air Medal
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined 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 award of the Army Good Conduct Medal (1st Award).



      ____________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)                                         AR20100019841



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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