IN THE CASE OF:	  

		BOARD DATE:	    24 May 2011

		DOCKET NUMBER:  AR20100027458 


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) for the period ending 
16 December 1971 to show:

* he enlisted in the Regular Army (RA) on 10 June 1969 instead of 10 June 1971
* service in the Republic of Vietnam (RVN) from March 1970 through 
December 1971
* two awards of the Bronze Star Medal
* 2nd through 9th Award of the Air Medal  

2.  He states, in effect, the above items need to be corrected on his 
DD Form 214.  

3.  He provides:

* a DD Form 214
* 1st Aviation Brigade General Orders
* 12th Combat Aviation Group Special Orders
* a Bronze Star Medal certificate
* an Air Medal certificate and citation
* a DA Form 759 (Individual Flight Record and Flight Certificate)
* A Standard Form 88 (Report of Medical Examination)
* a letter from the 3rd Squadron, 17th Cavalry, 1st Aviation Brigade

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.  A DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 10 June 1969, shows the applicant was inducted into the Army on 3 June 1969, and he enlisted in the RA on 10 June 1969 for a 3-year term of service.  He successfully completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 68G (Airframe Repairman).

3.  Special Orders Number 30, dated 11 February 1970, issued by the U.S. Army Transportation School show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). 

4.  He arrived in the RVN and he was assigned to the 68th Aviation Company on 
11 March 1970.  On 22 December 1970, he was reassigned to Headquarters and Headquarters Company, 145th Aviation Battalion.  On 2 March 1971, he was further assigned to A Troop, 3rd Squadron, 17th Cavalry, 1st Aviation Brigade.  

5.  He departed the RVN on 14 December 1971.  On 16 December 1971, he was honorably released from active duty in the rank of specialist five (SP5)/E-5 after completing 2 year, 6 months, and 16 days of total creditable active service with no time lost.

6.  Item 17c (Date of Entry) of his DD Form 214 for the period ending 
16 December 1971 shows the entry "10 JUN 71."  Item 22c (Foreign and/or Sea Service) shows the entry "0 years, 8 months, and 6 days." 

7.  His DD Form 214 shows he was awarded:

* National Defense Service Medal
* 
Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal

8.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded the Aircraft Crewman Badge.  Item 41 does not show two awards of the Bronze Star Medal or 2nd through 9th Award of the Air Medal.  

9.  General Orders Number 7561, dated 21 December 1971, issued by the 1st Aviation Brigade show he was awarded the Bronze Star Medal for meritorious service.  

10.  He provided page 2 of a DA Form 759, dated 13 December 1971, that shows for the period July, August, September, October, November, and December 1971 he completed 308 flight hours as a crewmember.

11.  He provided an award certificate, dated 14 December 1971 and signed by the Commanding General, 1st Aviation Brigade, which shows he was awarded the Air Medal (2nd through 9th Award) for the period 3 July 1971 through            9 November 1971 by the 1st Aviation Brigade.  

12.  His Official Military Personnel File (OMPF) is void of any orders or other documents that indicate he was ever awarded a 2nd Bronze Star Medal.

13.  During the processing of this case, a member of the Board's staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the U.S. Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal orders for a second award of the Bronze Star Medal or the ninth award of the Air Medal for the applicant.

14.  There is no evidence he received the 1st Award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA 
Form 20 shows he received "excellent" conduct and efficiency ratings throughout his period of service.  There is also no evidence of a commander's disqualification for the 1st Award of the Army Good Conduct Medal.

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious 

achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  This regulation also provides that Arabic Numerals are now used instead of Oak Leaf Clusters for the second and succeeding awards of the Air Medal.  The Numeral 2 denotes the 2nd Award of the Air Medal.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Aircraft Crew Member Badge.  The Aircraft Crew Member Badge could be permanently awarded to Soldiers upon successful completion of formal AIT in career management field (CMF) 68 MOSs.  The Aircraft Crew Member Badge is now known as the Aviation Badge.

17.  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.  A silver service star will be worn instead of five bronze service stars.  Appendix B shows that during his service in Vietnam the applicant participated in the following five campaigns:

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970) 
* Vietnamese Counteroffensive Phase VII (1 July 1970 - 30 June 1971) 
* Consolidation I (1 July 1971 - 30 November 1971) 
* Consolidation II (1 December 1971 - 29 March 1972) 

18.  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 1st 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.

19.  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 at the time of the applicant's assignment to the A Troop, 3rd Squadron, 17th Cavalry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 26 September 1971 through 10 October 1971 based on Department of the Army General Orders (DAGO) 54, dated 1974.

20.  Department of the Army Pamphlet 672-3 shows at the time of the applicant’s assignment to the 68th Aviation Company the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 May 1969 through 15 May 1970 by DAGO Number 55, dated 1971.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Bronze Star Medal for meritorious service.  Evidence of record also shows he was awarded the Aviation Badge and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  His DD Form 214 should be amended to add these awards.  However, the evidence of record does not show and he has not provided evidence showing he was awarded a second award of the Bronze Star Medal.  Accordingly, he is not entitled to correction of his record to show he received this award.

2.  General orders awarding him the Air Medal (2nd through 9th Award) are not available.  However, he provided a signed award certificate and his DA Form 
759 for the period July, August, September, October, November, and December 1971, which shows he completed 308 flight hours.  

3.  Given the above, it is reasonable to believe he was awarded the Air Medal (2nd through 9th Award).  Any reasonable doubt should be resolved in favor of the applicant.  The 9th Award of the Air Medal equates to the Air Medal with Numeral 9.

4.  The applicant was released from active duty in the rank/grade of SP5/E-5 with 2 years, 6 months, and 16 days of total active service with no time lost and "excellent" conduct and efficiency ratings throughout his period of service.  There is no evidence of any derogatory information of a commander's disqualification for award of the 1st Award of the Army Good Conduct Medal.  It appears he met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 3 June 1969 through 16 December 1971.  Therefore, he is entitled to the 1st Award of the Army Good Conduct Medal and correction of his DD Form 214 to show this award.

5.  He was assigned to units during a period of time these units were awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His participation in five campaigns makes him eligible for one silver service star to be worn on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be amended to add these awards.

6.  He contends that his DD Form 214 should be corrected to show he enlisted in the RA on 10 June 1969 instead of 10 June 1971.  The available evidence confirms he enlisted in the RA on 10 June 1969.  Therefore, item 17c of his     DD Form 214 should be amended to show 10 June 1969.

7.  The available evidence shows he served in the RVN from 11 March 1970 through 14 December 1971.  Therefore, item 22c of his DD Form 214 should be corrected to show 1 year, 9 months, 4 days and item 30 should be corrected to show he served in the RVN from 11 March 1970 through 14 December 1971.  

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 the entry in item 17c of his DD Form 214 and adding "10 Jun 69";

	b.  deleting the entry in item 22c of his DD Form 214 and adding "01  09  04";

	c.  deleting the "Air Medal" from item 24 of his DD Form 214;

	d.  awarding him the Army Good Conduct Medal (1st Award) for the period 
3 June 1969 through 16 December 1971;

	e.  amending item 24 of his DD Form 214 by adding:

* Bronze Star Medal 
* Army Good Conduct Medal (1st Award)
* Air Medal with Numeral "9"
* Aviation Badge
* 
Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* one silver service star to be worn on his already-awarded Vietnam Service Medal 

	f.  deleting from item 30 of his DD Form 214 "RVN 11MAR70-16DEC71" and
adding "RVN 11MAR70-14DEC71."

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 adding a 2nd award of the Bronze Star Medal to his DD Form 214.



      __________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)                                         AR20100027458



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ABCMR Record of Proceedings (cont)                                         AR20100027458



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