IN THE CASE OF:	  

		BOARD DATE:	    27 September 2011

		DOCKET NUMBER:  AR20110002619 


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 the Air Medal (2nd Award) and the Army Commendation Medal be added to his 1969 DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states that he was awarded two Air Medals and the Army Commendation Medal that are not recorded on his DD Form 214.

3.  The applicant provides copies of his DD Form 214; the citations for the Air Medal for the periods 5 through 27 March 1968 and 4 March through 8 April 1968; and the citation and certificate for the Army Commendation Medal for the period July 1968 through February 1969.

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 in the Regular Army as an enlisted Soldier from July 1963 to June 1966.  He again enlisted in the Regular Army on 4 July 1967.

3.  Following several months as a warrant officer candidate, he was trained as a helicopter mechanic.  He served in Vietnam with the 155th Aviation Company from 24 February to 21 July 1967, and then with the 119th Aviation Company from 22 July 1967 to 13 February 1968.

4.  He was wounded on 13 March 1968 and awarded the Purple Heart.

5.  Headquarters, 1st Aviation Brigade, General Orders Number:

   a.  1176, dated 13 March 1669, awarded him the Army Commendation Medal for the period July 1968 to February 1969;

   b.  6910, dated 7 October 1968, awarded him the Air Medal for the period 4 March to 9 April 1968;

   c.  7002, dated 11 October 1968, revoked General Orders Number 3239 which awarded the applicant the Air Medal for the period 4 March to 9 April 1968; and 

   d.  7297, dated 27 October 1968, amended the applicant's service number on General Orders Number 6910 for the period 4 March to 9 April 1968.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Assignments) that his conduct and efficiency ratings were exclusively "excellent" (his ratings from his initial enlistment are not available); and

	b.  item 41 award of the National Defense Service Medal, Mechanics Badge with Driver–W Bar, Vietnam Service Medal, Purple Heart, Aircraft Crewmember Badge, Vietnam Campaign Medal [with Device (1960)] and two Overseas Service Bars.

7.  On 14 February 1969, the applicant was honorably released as an early overseas returnee and transferred to the U.S. Army Reserve.  His DD Form 214 lists his awards as the National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, Purple Heart, Republic of Vietnam Campaign Medal [with Device (1960), two Overseas Service Bars, Driver and Mechanic Badge with Driver-W Bar, and the Aircraft Crewmember Badge.

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.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows:

   a.  155th Aviation Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 October 1965 to 11 January 1971 by Department of the Army General Order (DAGO) Number 6, dated 1974, and for the period 27 March 1967 to 17 May 1968 by DAGO Number 46, dated 1969.
   
   b.  bronze service stars are worn on service and campaign medals to denote participation in campaigns.  The applicant's tour of duty coincided with the following three campaign:  the Vietnam Counteroffensive Phase from 1 July 1966 to 31 May 1967; Vietnam Counteroffensive Phase III from 1 June 1967 to 
29 January 1968; and the Tet Counteroffensive from 30 January to 1 April 1968. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that he was awarded the Air Medal (2nd Award) and the Army Commendation Medal that are not recorded on his DD Form 214.

2.  The applicant was awarded the Army Commendation Medal that is not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show this award.

3.  The available evidence shows that two Air Medal orders were published; however, one of them had been revoked.  There is sufficient evidence only to add one Air Medal to his DD Form 214.

4.  He served in Vietnam during three designated campaign periods; therefore, he is authorized to wear three bronze service stars on the Vietnam Service Medal.



5.  The applicant was assigned to a unit that was authorized two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  The applicant distinguished himself during a qualifying period of active service for more than 1 year as demonstrated by his exclusively "excellent" conduct and efficiency ratings his promotion to pay grade E-5, and his personal decorations.  It is reasonable to presume that failure to award him the Good Conduct Medal was an administrative oversight rather than an intentional decision.  Therefore, he should be awarded the Good Conduct Medal 

7.  All of the applicant's awards should be shown correctly on his DD Forms 214.

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.  awarding him the Army Good Conduct Medal (1st Award) for the period 
4 July 1967 through 14 February 1969;

	b.  deleting the awards presently shown on his 1969 DD Form 214; and 

	c.  adding the following awards to his 1969: the Purple Heart, Air Medal, Army Commendation Medal, Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) Aircraft Crewmember Badge, Driver and Mechanic Badge with Driver-W Bar; an the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar.

2.  The Board further determined that the evidence presented was 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 second award of the Air 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)                                         AR20110002619



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ABCMR Record of Proceedings (cont)                                         AR20110002619



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