IN THE CASE OF:	  

		BOARD DATE:	  13 October 2011

		DOCKET NUMBER:  AR20110004347 


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 all his awards be listed on his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states that the Bronze Star Medal with "V" Device and the Purple Heart are not shown on his DD Form 214.

3.  The applicant provides no documentation to substantiate his request.

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 12 September 1966.  He completed training as a helicopter mechanic and then served in Vietnam.

3.  His DA Form 20 (Enlisted Qualification record) shows in:

	a.  item 33 (Appointments and Reductions) temporary promotion to pay grade E-5 on 22 November 1968;

   b.  item 38 (Record of Assignments) – service in the Republic of Vietnam (RVN) with the 167th Transportation Detachment from 20 April 1967 through 25 June 1967 and with the 336th Aviation Company from 26 June through 
12 April 1968 – his recorded conduct and efficiency ratings were exclusively "excellent";

	c.  item 39 (Campaigns) - Vietnam Counteroffensive Phase II and Phase III;

	d.  item 40 (Wounds) – blank;

   e.  item 41 (Awards and Decorations) Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar; Vietnam Service Medal, Vietnam Campaign Medal with Device (1960), Aircraft Crewmember Badge, Air Medal with 4th Oak leaf Cluster, and two overseas service bars; and 
   
   f.  item 44 (Time Lost) – blank.

4.  The applicant's Official Military Personnel File (OMPF) contains:

	a.  3rd Surgical Hospital General Orders Number 211 of 31 December 1967 awarding him the Purple Heart for wounds sustained on 30 December 1967;

   b.  USARV Form 157-R (Recommendation for Decoration for Valor or Merit) showing that, on 30 January 1968, the company commanding [a major] recommended, in a narrative of approximately 450 words, that the applicant be awarded the Army Commendation Medal for meritorious service for the period 
19 April 1968 through 18 April 1968;

   c.  1st Aviation Brigade General Orders Number 2428 of 25 April 1968 awarding him the Bronze Star Medal With "V" Device for heroism after he was twice shot down and twice wounded on 30 December 1967;
   
   d.  1st Aviation Brigade General Orders Number 2660 of 3 May 1968 awarding the applicant the 4th through the 23rd Oak Leaf Clusters for wear on the Air Medal; and 
   e.  Headquarters, U.S. Army Vietnam authorization, dated 27 October 1968, to accept and wear the RVN Gallantry Cross with Silver Star [a personal decoration awarded by a corps level commander]; 

5.  The applicant returned to the United States and, on 11 September 1969, he was separated as a specialist five (E-5) with an honorable characterization of service and transferred to the U.S. Army Reserve due to the completion of his term of service. 

6.  Army Regulation 600-8-22 (Military Awards) states:

   a.  If a statement setting forth the distinguished act, achievement, or service, and a recommendation was made and supported by sufficient evidence within 2 years and that no award was made because the statement was lost, or through inadvertence the recommendation was not acted upon any appropriate military decoration, Numeral, or Oak Leaf Cluster may be awarded to the person concerned.  Such case should include:  conclusive evidence of the formal submission of the recommendation; conclusive evidence of the loss of the recommendation or the failure to act on the recommendation; and a copy of the original recommendation, or its substantive equivalent. 
   
   b.  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 second award of the Air Medal.  

7.  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.  

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

   a.  167th Aviation Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 27 March 1967 through 17 May 1968 by Department of the Army General Order (DAGO) Number 46 of 1969, and the 336th Aviation Company was awarded it for the period 27 March 1967 to 17 May 1968 by DAGO Number 52, dated 1971.

   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 four campaigns:  the Vietnam Counteroffensive Phase from 1 July 1966 to 31 May 1967, Vietnam Counteroffensive Phase III from 1 June 1967 to 
29 January 1968, Tet Counteroffensive from 30 January to 1 April 1968, and the  
Vietnam Counteroffensive Phase IV from 2 April to 30 June 1968.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that the Bronze Star Medal with "V" Device and the Purple Heart are not on his DD Form 214. 

2.  The applicant was indeed awarded the Bronze Star Medal with "V" device and the Purple Heart.  The general orders are in his OMPF.

3.  He was also awarded the Air Medal with 23 Oak Leaf Clusters.  Using current terminology this is the Air Medal with Numeral 24 [indicating the total number of Air Medals].

4. The applicant was authorized to accept and wear the RVN Gallantry Cross with Silver Star.

5.  The applicant was recommended on the appropriate form and with a lengthy narrative, for award of the Army Commendation Medal.  The absence of an order authorizing the award or document relating to the disposition of the recommendation demonstrates that it was lost or through inadvertence not acted upon; therefore, the Army Commendation should be awarded to him now.

6.  The applicant distinguished himself through his exclusively "excellent" conduct and efficiency ratings, his promotion to pay grade E-5, and his personal decorations.  There is no evidence of any misconduct or any action to disqualify him for award of the Good Conduct Medal.  It should be awarded to him now.

7.  The applicant served in Vietnam during four designated campaign periods and is authorized to wear four bronze service stars on the Vietnam Service Medal.

8.  The applicant was awarded a personal decoration by the RVN and was authorized to accept and wear the RVN Gallantry Cross with Silver Star.

9.  The applicant served in two units that were awarded the RVN Gallantry Cross with Palm Unit Citation. 
10.  All of the applicant's authorized awards should be shown on his DD Form 214.

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.  awarding him the Army Good Conduct Medal (1st Award) for the period 12 September 1966 thorough 11 September 1969;
   
   b.  awarding him the Army Commendation Medal for meritorious service for the period 19 April 1967 through 18 April 1968;
   
   c.  deleting the awards shown in item 24 of his 1969 DD Form 214; and 
   
   d.  showing in that item 24 that his authorized awards consist of the Bronze Star Medal with "V" Device, Purple Heart, Air Medal with Numeral 24, Army Commendation Medal, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Silver Star, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation (Second Award), Aircraft Crewmember Badge, and the Expert 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)                                         AR20110004347





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110004347



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1