IN THE CASE OF:	  

		BOARD DATE:	  19 April 2011

		DOCKET NUMBER:  AR20100024073 


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 that the following awards be added to his military record and that he be issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) to show these corrections:

* Army Commendation Medal (ARCOM)
* Vietnam Service Medal (VSM) with appropriate campaign stars
* Army Good Conduct Medal (AGCM)
* Meritorious Unit Commendation (MUC)
* "Army Basic Aviation Crewman Wings"
* marksmanship qualification badge

2.  The applicant states:

	a.  he served in Vietnam;

	b.  that after contacting the National Personnel Record Center (NPRC), he found he was unknowingly issued an ARCOM and AGCM based on his DA Form 2-1 (Personnel Qualification Record – Part II);

	c.  that based on his latest DD Form 214 (Report of Separation from Active Duty), his records were not properly annotated to show the campaigns stars he is authorized for his service in Vietnam from 22 April 1969 through 11 November 1970;

	d.  he may have served in a unit that received the MUC;

	e.  he would like to be awarded "Army Basic Aviation Crewman Wings" since he completed advanced individual training (AIT) and was assigned in MOS 67V2T (Helicopter Repairman); and

	f.  he wants to be awarded a rifle marksmanship qualification badge.

3.  The applicant provides:

* two DD Forms 214
* two DA Forms 305-3 (Personnel Roster)
* three pages of his DA Form 20 (Enlisted Qualification Record)
* his DA Form 2-1
* a memorandum from NPRC, dated 18 June 2008

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 on 30 April 1968 and after completing basic training and AIT he was awarded MOS 31B (Field Radio Mechanic).  He subsequently completed additional training and was awarded MOS 31E (Field Radio Repairman).

3.  His DA Form 20, dated 26 November 1969, shows:

	a.  in item 9 (Awards and Decorations) the National Defense Service Medal (NDSM), VSM, Republic of Vietnam (RVN) Campaign Medal with Device (1960), two overseas service bars, and Marksman Marksmanship Qualification Badge with Rifle Bar and 


	b.  in item 38 (Record of Assignments):

		(1)  5th Light Equipment (LE) Maintenance Company from 26 April 1969 to 8 May 1970;

		(2)  19th LE Maintenance Company from 9 May to 8 June 1970;

		(3)  185th Maintenance Company from 9 June 1970 to departure; and

		(4)  "excellent" conduct and efficiency ratings with the exception of a brief period of school for which he received an academic efficiency rating of "good."

4.  His DA Form 2-1, dated 19 August 1974, shows in:

   a.  item 6 (Classification and Assignments) – 67V2T (Helicopter Repairman), 18 December 1974;
   
   b.  item 9 (Awards, Decorations, and Campaigns) – NDSM, RVN Campaign Medal with Device (1960), VSM, AGCM, ARCOM, three overseas service bars, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16);
   
   c.  item 17 (Civilian Education and Military Schools) – OH6/H58 Helicopter Repairman, 8 weeks, yes; and 
   
   d.  item 38 (Record of Assignments) assigned to the Headquarters and Headquarters Troop, 1st Squadron, 2nd Armored Calvary Regiment, on 10 January 1975, performing duties as a UOH-6/OH-58 Crew Chief.

5.  His DD Form 214 for the period ending 12 November 1970 shows he:

	a.  was honorably released from active duty and transferred to the U.S. Amy Reserve (Reinforcement);

	b.  completed 2 years, 6 months, and 13 days of active service;

	c.  was awarded or authorized the National Defense Service Medal, VSM, and RVN Campaign Medal, and

	d.  he served in the RVN from 23 April 1969 to 11 November 1970.

6.  He reenlisted in the Regular Army on 15 August 1974, was awarded MOS 67V, and served until he was honorably discharged on 25 July 1975.  The DD Form 214 he was issued shows he was awarded the NDSM.
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 for the ARCOM.

8.  Army Regulation 600-8-22 (Military Awards) states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated for permanent award of the Aircraft Crew Member Badge (which was renamed the Basic Aviation Badge in 2000), an individual must have performed as a crew chief in the case of crew chiefs, electronic sensor system operators, and flight engineers or as a non-crewmember in the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors for not less than 12 months (not necessarily consecutive) or must have been school trained for a principal duty specified above.

10.  Army Regulation 672-5-1, in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

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 5th LE Maintenance Company was cited for award of the MUC for the period 2 November 1968 to 1 May 1969 by Department of the Army General Orders Number 39, dated 1970.

12.  Department of the Army Pamphlet 672-3 shows the 19th Maintenance Company was cited for award of the MUC for the period 1 January 1969 to 30 June 1970 by Department of the Army General Orders Number 43, dated 1972.

13.  Department of the Army Pamphlet 672-3 shows the RVN Gallantry Cross with Palm Unit Citation was awarded to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973 by Department of the Army General Orders Number 8, dated 1973.

14.  Appendix B of Army Regulation 600-8-22 lists the campaigns for the Vietnam Conflict.  Based on his period of service in the RVN, he participated in the Tet 69 Counteroffensive 1969, Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, Department of the Army Sanctuary, and Vietnam Counteroffensive Phase VI campaigns.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

15.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.

16.  Army Regulation 600-8-22 states the RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

17.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

18.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant's DA Form 2-1 indicates he was awarded the ARCOM, there is no corroborating evidence in the available record nor did the applicant submit any evidence that shows he is entitled to award of the ARCOM.  In the absence of such evidence, there is no basis on which to add the ARCOM to his DD Form 214.

2.  Additionally, a review of ADCARS failed to reveal ARCOM orders in his name.

3.  While the available evidence is insufficient for awarding him the ARCOM at this late date, this in no way affects his right to pursue his claim for this award by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

4.  The record shows the applicant performed duties in MOS 67V2T as a UOH-6/OH-58 Crew Chief while assigned to Headquarters and Headquarters Troop, 1st Squadron, 2nd Armored Calvary Regiment, and that he completed AIT in career management field 67.  Therefore, he is entitled to have his record corrected to show award of the Basic Aviation Badge.

5.  The available evidence shows the applicant served honorably from 30 April 1968 to 12 November 1970 and he received "excellent" conduct and efficiency ratings throughout his tenure of service with the exception of one academic "good" rating.  There is no evidence of any derogatory information in his record that would have disqualified him for award of the AGCM.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this medal.

6.  Orders show the applicant was assigned to a unit that was awarded the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this award.


7.  Orders show the applicant was assigned to two units that were awarded the MUC.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

8.  Records show he participated in five campaigns during his service in the RVN.  Therefore, he is entitled to one silver service star to be worn on his already-awarded VSM.

9.  Records show he was awarded the RVN Campaign Medal with Device (1960).  Therefore, his record should be corrected to show this 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.  awarding him the AGCM (1st Award) for the period 30 April 1968 to 12 November 1970;

	b.  deleting the VSM and the VCM from his DD Form 214 for the period ending 12 November 1970; and

	c.  adding the AGCM (1st Award), Basic Aviation Badge, MUC (2nd Award), VSM with one silver service star, RVN Campaign Medal with Device (1960), RVN Gallantry Cross with Palm Unit Citation, and Marksman Marksmanship Qualification Badge with Rifle Bar to his DD Form 214.


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 ARCOM.



      _____________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)                                         AR20100024073



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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