IN THE CASE OF:	  

		BOARD DATE:	  29 March 2011

		DOCKET NUMBER:  AR20100019990 


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:

* all of the Vietnam service awards to which he is entitled
* the Army Good Conduct Medal (2nd Award)
* the Air Medal 

2.  The applicant states his original DA Form 66 (Officer Qualification Record) showed all of his awards; however, it was intentionally destroyed and replaced with a factually incorrect copy.

3.  The applicant provides:

* his DA Form 66
* a DA Form 759 and DA Form 759-1 (Individual Flight Record and Flight Certificate - Army)
* his DD Form 214 for the period ending 31 December 1962, 6 October 1968, and 27 May 1971

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 (RA) on 28 March 1960.  He completed 2 years, 9 months, and 3 days of net active service this period and was honorably released from active duty (REFRAD) on 31 December 1962, as an overseas returnee.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period of service shows the Army Good Conduct Medal.

3.  The applicant enlisted in the RA on 20 September 1967 and he was honorably discharged on 6 October 1968 to accept an appointment as a warrant officer in the USAR.  During this period he completed 1 year and 17 days of net active service for 3 years, 9 months, and 20 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period of service shows the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  The applicant accepted an appointment as a warrant officer in the USAR on 7 October 1968.  His DA Form 66 shows he arrived in Vietnam on 29 October 1968 and he was assigned to the 57th Aviation Company.

5.  General Orders Number 8056, issued by Headquarters, 1st Aviation Brigade, dated 5 December 1968, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight from 9-18 November 1968.

6.  The applicant departed Vietnam on 18 December 1968.  He was honorably REFRAD on 27 May 1971 and he was transferred to the USAR Control Group (Reinforcement).  He completed 2 year, 7 months and 21 days of net active service this period.  Item 24 of his DD Form 214 for this period of service shows the:
* 
National Defense Service Medal
* Army Aviatior Badge
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal

7.  His DA Form 66 shows that he qualified as an expert with the M-16 rifle and as a marksman with the .38 caliber pistol, both on 19 July 1968.

8.  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 and no court-martial convictions.

9.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, 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, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

10.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period
20 July 1965 to 28 March 1973.

11.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states to enter all decorations, service medals, and badges awarded or authorized.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the first award of the Army Good Conduct Medal for his initial period of enlisted active service from 28 March 1960 through
31 December 1962 of more than 1 year but less than 3 years.  He again enlisted on 20 September 1967.  To qualify for a second award of the Army Good Conduct Medal he would have had to have served as an enlisted Soldier through 19 September 1970.  However, he was discharged on 6 October 1968 to accept an appointment as a warrant officer.  Warrant officer service is not qualifying for the Army Good Conduct Medal.  Therefore, he is not entitled to a second award of the Army Good Conduct Medal.

2.  General orders awarded the applicant the Air Medal for meritorious achievement from 9-18 November 1968.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The applicant participated in two campaign phases during his service in Vietnam.  Therefore, he is entitled to two 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.

4.  During his service in Vietnam, all units were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  His record shows he qualified as an expert with the M-16 rifle and as a marksmanship with the .38 caliber pistol.  Therefore, his DD Form 214 should be corrected to show the appropriate weapons qualification badges.

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.  deleting from item 24 of his DD Form 214 for the period ending 27 May 1971 the Vietnam Service Medal, and
	b.  adding to item 24 of his DD Form 214 for the period ending 27 May 1971 the:

* Air Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.38 Cal)

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 award him and correction his DD Form 214 to show the Army Good Conduct Medal (2nd 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)                                         AR20100019990



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ABCMR Record of Proceedings (cont)                                         AR20100019990



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