IN THE CASE OF:	  

		BOARD DATE:	    7 June 2011

		DOCKET NUMBER:  AR20100025265 


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, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to include award of four Army Commendation Medals, one with "V" Device, and the Air Medal (1st through 15th Award).

2.  The applicant states he would like to have his record corrected to reflect all of his awards documented by the certificates he provides.

3.  The applicant provides copies of his DD Form 214, Army Commendation Medal with "V" Device orders, four Army Commendation Medal Certificates, an Air Medal Citation, and two Air Medal Certificates.

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 served on active duty in the Regular Army from 1 September 1966 through 10 April 1969 in military occupational specialty 67Y (Aircraft Mechanical Maintenance Crewman).

3.  The record contains the following award orders:

	a.  1st Air Cavalry Division General Orders (GO) Number 173, dated 11 January 1968, for the Army Commendation Medal with "V" Device while serving as a crew chief;

	b.  1st Air Cavalry Division GO Number 2491, dated 21 April 1968, for the Army Commendation Medal with "V" Device while serving as a crew chief;

	c.  1st Air Cavalry Division GO Number 8552, dated 16 July 1968, for the Army Commendation Medal for meritorious service;

	d.  1st Air Cavalry Division GO Number 10563, dated 15 August 1968, for the Army Commendation Medal with "V" Device while serving as a crew chief; and

	e.  1st Air Cavalry Division GO Number 4659, dated 30 August 1968, for the Air Medal.

4.  His DA Form 20 (Enlisted Qualification Record) provides the following:

	a.  promotion to specialist five (E-5);

	b.  service in Vietnam from 3 February 1967 through 8 April 1969 with Battery B, 2nd Battalion, 20th Artillery Regiment;

	c.  his conduct and efficiency ratings as exclusively "excellent";

	d.  participation during three campaign periods; and

	e.  award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Aircraft Crewman Badge, Army Commendation Medal (3rd Award) with "V" Device (per GO Number 2491, GO Number 8552, and GO Number 10563), and Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  His DD Form 214 shows he was honorably released from active duty on 10 April 1969 as a specialist five/E-5.  His awards are listed as the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, Army Commendation Medal, Air Medal, and Aircraft Crewman Badge.

6.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or courts-martial that would suggest he was considered not eligible for award of the Army Good Conduct Medal.

7.  In addition to the awards for which the record contains orders, the applicant provides a certificate showing award of the Air Medal with 1st through 14th Oak Leaf Cluster awarded on 4 June 1969.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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, located a record of only two sets of orders for the applicant's four Army Commendation Medals.

9.  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 that while the applicant was assigned to Battery B, 2nd Battalion, 20th Artillery Regiment, it was cited for award of the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

10.  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 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.  There must have been no convictions by a court-martial.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  At that time, a disqualification was normally noted on the DA Form 20.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Air Medal is awarded in time of war for heroism, for meritorious achievement, and for meritorious service (sustained operations).  Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards.  The numeral 2 denotes the second award.

	b.  The bronze "V" Device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze "V" Device in conjunction with awards of the Army Commendation Medal and the Air Medal.

	c.  The second and succeeding awards of the Army Commendation Medal are denoted by oak leaf clusters.

	d.  A bronze service star is authorized based on qualifying service for each designated campaign listed in appendix B and states that authorized service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, appendix B indicates he participated during the following seven campaigns:  Counteroffensive Phase II (1 July 1966-31 May 1967), Counteroffensive Phase III (1 June 1967-29 January 1968), Tet Counteroffensive (30 January 1968-1 April 1968), Counteroffensive Phase IV (2 April 1968-30 June 1968), Counteroffensive Phase V (1 July 1968-1 November 1968), Counteroffensive Phase VI (2 November 1968-22 February 1969), and Tet 69 Counteroffensive 1969 (23 February 1969-8 June 1969).

DISCUSSION AND CONCLUSIONS:

1.  The applicant states, in effect, that he would like to have his record corrected to reflect all of his awards documented by the certificates, citations, and orders he provides.

2.  The applicant distinguished himself by his conduct, efficiency, and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his promotion to specialist five/E-5.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Army Good Conduct Medal (1st Award) for his period of service from 1 September 1966 through 10 April 1969.

3.  The applicant was awarded the Army Commendation Medal with "V" Device on three occasions and a fourth Army Commendation Medal for meritorious service.  His DD Form 214 omits all of the oak leaf clusters and the "V" Device.  It is appropriate to correct the record to denote the multiple awards of this medal, including with "V" Device.

4.  It is the policy of the Board not to correct a DD Form 214 to add awards for which orders are not available.  However, since the certificate for the Air Medal showing the 2nd through 15th award was not finalized until just after his release from active duty, and because he was awarded the Army Commendation Medal with "V" Device three times while performing duties as a crew chief, it is reasonable to accept that the citation is valid and the orders were just not associated with his record.  It would therefore be appropriate to correct his DD Form 214 to show these additional awards of the Air Medal.

5.  In addition to the above, the applicant is also shown to be authorized the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

6.  The applicant served in Vietnam during seven campaigns and is authorized to wear one silver and two bronze service stars on his already-awarded Vietnam Service Medal.

7.  Based on the corrections necessary to accomplish the above actions, it is appropriate to delete all entries on the DD Form 214 in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Ribbons Awarded or Authorized) and replace them as follows:

* Air Medal (15th Award)
* Army Commendation Medal with "V" Device (4th Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with one silver and two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Aircraft Crewman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

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 the applicant the Army Good Conduct Medal (1st Award) for his period of service from 1 September 1966 through 10 April 1969;

	b.  deleting all entries from item 24 of his DD Form 214; and

	c.  adding to item 24 of his DD Form 214 the following awards:

* Air Medal (15th Award)
* Army Commendation Medal (4th Award) and with "V" Device
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with one silver and two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Aircraft Crewman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar



      _______ _   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)                                         AR20100025265



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ABCMR Record of Proceedings (cont)                                         AR20100025265



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