IN THE CASE OF:	  

		BOARD DATE:	    28 April 2011

		DOCKET NUMBER:  AR20100025584 


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:

The applicant defers to counsel.  

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests correction of the applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all of his awards to include the Air Medal.  

2.  Counsel states the applicant’s current record doesn’t reflect all of his awards, most importantly, the Air Medal.  

3.  Counsel provides a copy of the applicant’s DD Form 214.  

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 on 8 February 1966.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 67N (Helicopter Repairman).  At a later date, he reclassified to MOS 67W (Helicopter Technical Inspector).  The highest rank/grade he attained was specialist five (SP5)/E-5.

3.  He served in Vietnam from 9 March 1968 to 23 January 1969 and performed duties as a Helicopter Technician Inspector in MOS 67W2O.  

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

* Item 38 (Record of Assignments) – he was assigned to:

* 339th Transportation Company from 21 March 1968 to 27 August 1968 
* 572nd Military Intelligence Department with duty with Transportation Company Airmobile and Supply Company from 28 August 1968 to 19 November 1968
* 142nd Transportation Company from 20 November 1968 to 23 January 1969

* Item 38 – received “excellent” conduct and efficiency ratings throughout his service
* Item 41 (Awards and Decorations) – lists the National Defense Service Medal and Vietnam Service Medal, but doesn’t list the Air Medal

5.  General orders, dated 4 February 1969, awarded him the Air Medal for meritorious achievement while participating in aerial flight from 25 May 1968 to 31 December 1968.

6.  He was honorably released from active duty on 25 January 1969 in the rank of SP5.  He completed 2 years, 11 months, and 18 days of active military service with no time lost.  There is no record of any disciplinary actions or a commander's disqualification for the Army Good Conduct Medal.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Republic of Vietnam Campaign Medal, Vietnam Service Medal, and one Overseas Service Bar.

8.  References:

	a.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows that at the time of the applicant's assignment to the 339th Transportation Company and 142nd Transportation Company, these companies were cited for award of the:  

   (1)  Meritorious Unit Commendation for the period 10 March to 31 October 
1968 by Department of the Army General Orders 39, dated 1970.  
   
   (2)  Meritorious Unit Commendation for the period 1 November 1968 to 
31 January 1970 by Department of the Army General Orders 51, dated 1971.

	b.  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. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.  

	c.  Army Regulation 600-8-22 (Military Awards) authorizes permanent award of the Basic Aviation Badge (formerly known as the Aircraft Crew Member Badge) to individuals upon successful completion of advanced individual training (AIT) in career management fields (CMFs) 67 (aircraft maintenance) and 93 (aviation operations) and to Soldiers who previously completed AIT in CMF 28 (aviation communications and electronic systems maintenance).

	d.  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, he participated in the Tet Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, and Vietnam Counteroffensive Phase VI campaigns.  

e.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided 
policy and criteria concerning individual military decorations.  It stated that 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.  There must have been no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Air Medal on 4 February 1969; therefore, this decoration should be added to his DD Form 214.  

2.  The evidence of record shows he completed training in MOS 67 and served in Vietnam as a Helicopter Technician Inspector.  Therefore, he is entitled to award of the Basic Aviation Badge and correction of his DD Form 214 to show this award.

3.  It appears he met the regulatory requirements for the first award of the Army Good Conduct Medal based on a qualifying period of service from 8 February 1966 through 25 January 1969.  He received "excellent" conduct and efficiency ratings throughout his service, was promoted to SP5, and had no record of any disciplinary actions or a commander's disqualification during this period.  Therefore, he should be awarded the Army Good Conduct Medal (first award) and his DD Form 214 should be corrected to show this award.

4.  He was assigned to the 339th Transportation Company and the 142nd Transportation Company during periods they were cited for award of the Meritorious Unit Commendation.  Therefore, his DD Form 214 should be corrected to show two awards of the Meritorious Unit Commendation.  

5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  He was assigned to a unit which served in Vietnam.  Therefore, his DD Form 214 should be amended to show this award.  

6.  His DD Form 214 currently reflects the Vietnam Service Medal.  Additionally, he received credit for participation in four campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect four bronze service stars for wear on his already-awarded Vietnam Service Medal.

BOARD VOTE:

__X_____  __X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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.  deleting the Vietnam Service Medal from item 24 of his DD Form 214;

	b.  awarding him the Basic Aviation Badge;

	c.  awarding him the Army Good Conduct Medal (first award) for the period 8 February 1966 through 25 January 1969; and

	d.  adding the Air Medal, Basic Aviation Badge, Army Good Conduct Medal (first award), Meritorious Unit Commendation (two awards), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Vietnam Service Medal with four bronze service stars.  




      __________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)                                         AR20100025584





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ABCMR Record of Proceedings (cont)                                         AR20100025584



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