IN THE CASE OF:	  

		BOARD DATE:	  2 June 2011

		DOCKET NUMBER:  AR20100027945


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 Social Security Number (SSN) on General Orders Number 1747, Headquarters, 1st Aviation Brigade, Vietnam, dated 23 March 1970, awarding him the Air Medal with "V" Device.

2.  The applicant states the order shows his SSN as XXX-XX-0798, but his correct SSN ends in 0794.

3.  The applicant also states he never actually received his Air Medal with "V" Device, and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) did not reflect a "V" Device, so he wrote it in on his copy.

4.  The applicant provides:

* General Orders Number 1747
* 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 for 2 years on 11 September 1968. His DD Form 4 (Enlistment Contract) shows his SSN (last four) as 0794.

3.  The applicant was trained in military occupational specialty (MOS) 67N (UH-1H Helicopter Repairman) and transferred to Vietnam where he served with the 61st Assault Helicopter Company, 1st Aviation Brigade.

4.  General Orders Number 1747, Headquarters, 1st Aviation Brigade, Vietnam, dated 23 March 1970, awarded the applicant the Air Medal with "V" Device.  The order lists the applicant's correct name and unit, but reflects the SSN XXX-XX-0798.

5.  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, revealed the following additional orders pertaining to the applicant:

* General Orders Number 5189, Headquarters, 1st Aviation Brigade, Vietnam, dated 18 June 1970, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight

6.  The applicant was honorably separated on 13 April 1970 with 1 year, 7 months, 3 days of creditable active Federal service.  He had 11 months and 19 days of service in Vietnam from 24 April 1969 to 13 April 1970.  His DD Form 214 which is contained in his official records shows he was awarded:

* National Defense Service Medal
* Vietnam Service Medal
* Army Commendation Medal
* Air Medal (with handwritten "V")
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he earned uniformly "excellent" conduct and efficiency ratings throughout his military service. It also shows he was awarded the Army Commendation Medal by General Orders Number 486, Headquarters, 1st Aviation Brigade, Vietnam, (date not entered).

8.  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; for 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.  There must have been no convictions by a court-martial.  

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  During the applicant's service in Vietnam, there were three campaigns – Tet 69 Counter-offensive (23 February 1969 - 8 June 1969), Summer-Fall 1969 (9 June 1969 - 31 October 1969), Winter-Spring 1970           (1 November 1969 - 30 April 1970).

10.  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 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to           28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the orders awarding him the Air Medal with "V" Device be corrected to show his SSN as XXX-XX-0794 vice XXX-XX-0798.

2.  The applicant's SSN on General Orders Number 1747, Headquarters, 1st Aviation Brigade, Vietnam, dated 23 March 1970, is incorrect.  The order should be amended.

3.  Additionally, the applicant's DD Form 214 does not correctly reflect his valor award of the Air Medal, or the fact he also was awarded the Air Medal for meritorious achievement.  This should be corrected.

4.  The applicant's service was marked by uniformly "excellent" conduct and efficiency ratings, yet he was not awarded the Army Good Conduct Medal.  He should be awarded the Army Good Conduct Medal for the period 11 September 1968 to 13 April 1970, and it should be added to his DD Form 214.
5.  The applicant is entitled to the following awards which do not appear on his DD Form 214:

* 3 bronze service stars for wear on his Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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:

* awarding him the Army Good Conduct Medal for the period 11 September 1968 to 13 April 1970
* deleting the Vietnam Service Medal and Air Medal from his DD Form 214
* adding the Air Medal with Numeral 2 and "V" Device, Army Good Conduct Medal, Vietnam Service Medal with 3 bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214
* correcting General Orders Number 1747, Headquarters, 1st Aviation Brigade, Vietnam, dated 23 March 1970, to show his SSN as XXX-XX-0794




      _______ _   __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)                                         AR20100027945





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ABCMR Record of Proceedings (cont)                                         AR20100027945



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