IN THE CASE OF:	  

		BOARD DATE:	  3 May 2011

		DOCKET NUMBER:  AR20100023502 


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 awards of the Bronze Star Medal (BSM), Air Medal (AM), and all other awards he received.

2.  He states his DD Form 214 does not show all the awards he received.

3.  He provides no additional evidence.

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 requests correction of his DD Form 214 to show award of the BSM.  A review of his records shows his DD Form 214 correctly lists his award of the BSM.  Therefore, this issue will not be discussed further in the Record of Proceedings.

3.  Records show the applicant enlisted in the Regular Army on 28 June 1965.  He served in the Republic of Vietnam from 20 April 1966 to 22 April 1967 and was assigned to the 221st Aviation Company.  He was honorably released from active duty on 27 June 1968 after completing 3 years of active service.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following:

* National Defense Service Medal
* Vietnam Campaign Medal with Device (1960)
* two overseas service bars
* Bronze Star Medal
* Vietnam Service Medal (VSM)
* Marksman Marksmanship Qualification Badge with Rifle Bars (M-14) and (M-16)

5.  Headquarters, 1st Aviation Brigade, General Orders Number 331, dated 26 January 1967, awarded him the AM for the period of 20 May 1966 to 
28 November 1966.  These orders are contained in his military personnel record jacket.

6.  His records show no evidence of nonjudicial punishments under Article 15 of the Uniform Code of Military Justice and no evidence of courts-martial or any other type of adverse action.  Additionally, his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.

7.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided that the Army Good Conduct Medal (AGCM) was awarded to individuals who completed a qualified 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.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War.  This pamphlet shows the 221st Aviation Battalion was cited for the award of the Meritorious Unit Commendation by Department of the Army General Orders (DAGO) Number 17, dated 1968, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 22, dated 1968, during the period the applicant was assigned.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows participation credit was awarded for two campaigns during the applicant's tour of duty in Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the VSM for participation in each campaign.  His DD Form 214 shows award of the VSM.  His records indicate he participated in the Vietnam Counteroffensive (25 December 1965-30 June 1966) and the Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967) campaigns.

DISCUSSION AND CONCLUSIONS:

1.  Orders verify the applicant is entitled to correction of his records to show the AM.  Therefore, his records should be corrected to show this award.

2.  The evidence of record shows he received "excellent" conduct and efficiency ratings and he had no adverse actions or commander's disqualification for award of the AGCM.  Therefore, he is entitled to award of the AGCM for the period 28 June 1965 to 27 June 1968 and correction of his records to show this award.

3.  The evidence of record shows he was assigned to a unit during the period that was cited in orders for the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show these awards.

4.  Additionally, the evidence shows he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show two 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:

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:

	a.  awarding him the AGCM (1st Award) for the period 28 June 1965 to 27 June 1968;

	b.  deleting from item 24 of his DD Form 214 the VSM; and

	c.  adding to his DD Form 214 the AM, AGCM (1st Award), VSM with two bronze service stars, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      __________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)                                         AR20100023502



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ABCMR Record of Proceedings (cont)                                         AR20100023502



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