IN THE CASE OF:	  

		BOARD DATE:	  30 August 2011

		DOCKET NUMBER:  AR20110004619 


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) to show two awards of the Air Medal.

2.  The applicant states he received the citations for two awards of the Air Medal after he was discharged from active duty.

3.  The applicant provides two awards citations.

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's records show he was inducted into the Army of the United States on 8 September 1965 and he held military occupational specialty 45J (Aircraft Armament Repairman).  He served in Vietnam as follows:

* 24 January 1966 - 9 February 1967, while assigned to the 565th Transportation Company
* 10 February - 20 July 1967, while assigned to Battery A, 2nd Battalion, 20th Artillery, 1st Cavalry Division

3.  General Orders Number 4516, dated 10 August 1967, issued by Headquarters, 1st Cavalry Division, awarded him the Air Medal for meritorious achievement while participating in aerial flight from April to May 1967.

4.  He was honorably released from active duty on 22 July 1967 in the rank/grade of specialist five (SP5)/E-5 and he was transferred to the U.S. Army Reserve.  He completed 1 year, 10 months, and 15 days of creditable active service with no time lost.  

5.  Item 24 (Decorations (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and one overseas service bar.

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows, in pertinent part, the award of three overseas service bars.

7.  Review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders for a second award of the Air Medal pertaining to the applicant.

8.  Army Regulation 600-8-22 (Military Awards) states the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9.  The applicant provides a citation, undated, which shows he was presented the Air Medal for the period April to May 1967.  He also provides a second citation, undated, which shows he was presented the Air Medal (First Oak Leaf Cluster) for the period 30 April to 16 May 1967.

10.  A review of his records indicates entitlement to additional awards.

11.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of any record of disciplinary actions or a commander's disqualification for the award of the Army Good Conduct Medal.

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

13.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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, the applicant participated in the following three campaigns:

* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that while he was assigned to 565th Transportation Company, this unit was cited for award of the:

* Meritorious Unit Commendation for the period 21 September 1965 through 6 March 1967 by Department of the Army General Orders (DAGO) Number 1, dated 1969

15.  Department of the Army Pamphlet 672-3 shows that while he was assigned to Battery A, 2nd Battalion, 20th Artillery, this unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by DAGO Number 59, dated 1969
* Presidential Unit Citation for the period 11 December 1966 through 4 April 1967 by DAGO Number 2, dated 1973




DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Air Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  He was awarded three overseas service bars while his DD Form 214 shows one award of the overseas service bar.  Therefore, he is entitled to correction of his DD Form 214 to show all of his overseas service bars.

3.  The evidence of record shows he served honorably from 8 September 1965 through 22 Jul7 1967.  He served in Vietnam, was awarded the Air Medal, received "excellent" conduct and efficiency ratings throughout his military service, and attained the rank/grade of SP5/E-5.  His record is void of any derogatory information that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his records to show this award.

4.  His record confirms he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to award of three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

5.  General orders awarded his units in Vietnam the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Presidential Unit Citation during the periods he was assigned to the units.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

6.  With respect to the second award of the Air Medal, in the absence of orders to show he was awarded a second award of the Air Medal there is insufficient evidence to grant the requested relief. 

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:

* Awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 8 September 1965 through 22 July 1967
* Deleting from item 24 of his DD Form 214 the Vietnam Service Medal and one overseas service bar
* Adding to item 24 of his DD Form 214 the:

* Air Medal
* Three overseas service bars
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Presidential Unit Citation

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 correcting his records to show a second award of the Air Medal.



      ___________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)                                         AR20110004619





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ABCMR Record of Proceedings (cont)                                         AR20110004619



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