IN THE CASE OF:	  

		BOARD DATE:	  27 September 2011

		DOCKET NUMBER:  AR20110005201 


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 the following awards:

* Air Medal with “V” device (fifth oak leaf cluster)
* Army Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* three bronze service stars to be added to his already-awarded Vietnam Service Medal
* Presidential Unit Citation (first oak leaf cluster)

2.  The applicant states he wants to leave his children and grandchildren an accurate representation of his military service. 

3.  The applicant provides:

* Permanent Orders 307-08
* Air Medal with “V” device Certificate
* Air Medal (first oak leaf cluster) Certificate
* Unit Order Number 38
* Official Statement of Award of the Army Good Conduct Medal
* a letter from the U.S. Army Military Personnel Center, dated 29 May 1988
* an extract listing Republic of Vietnam Campaigns
* DA Form 1577 (Authorization for Issuance of Awards)
* 9th Cavalry Lineage and Honors 
* Special Orders Number 214
* DD Form 214, period ending 16 August 1967
* General Orders Number 2773
* three photos

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 17 August 1964.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 67M (Observation Helicopter Mechanic).  He was reassigned to the Republic of Vietnam on 17 December 1965, where he was assigned to Troop C, 1st Battalion, 9th Cavalry Regiment.  On 2 December 1966, he departed the Republic of Vietnam for an assignment at Fort Hood, TX.  The highest rank/grade he attained during this period of service was specialist five (SP5)/E-5.  On 16 August 1967, he was honorably transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal with five oak leaf clusters
* Aircraft Crewman Badge
* Sharpshooter Marksmanship Qualification Badge with Carbine Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

3.  On 2 January 1973, the applicant was ordered to active duty for training and performed duties as an aircraft maintenance NCO and career counselor with the 513th Maintenance Battalion.  The highest rank/grade he attained during this period of service was sergeant first class (SFC)/E-7.  On 30 December 1976, he was released from active duty training.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period of service shows the:

* Army Reserve Components Achievement Medal
* Army Good Conduct Medal
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (second oak leaf cluster)
* Air Medal with five oak leaf clusters
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* 2 Overseas Bars


4.  Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1            (Personnel Qualification Record - Part II) shows he was awarded the Army Good Conduct Medal for the period ending 16 August 1967.

5.  His record does not contain any disciplinary actions or a commander’s disqualification for award of the Army Good Conduct Medal.

6.  Permanent Orders 307-08, United States Total Army Personnel Command, Alexandria, VA, dated 3 November 1998, awarded him the Air Medal with “V” device for heroism while participating in aerial flight on 29 January 1966.

7.  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.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  This regulation further states 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 second award of the Air Medal.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends 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.
9.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is 
credited with participating in.  Appendix B shows that during his service in the Republic of Vietnam, the applicant participated in the following three campaigns:

* Vietnam Defense Campaign
* Vietnam Counteroffensive
* Vietnam Counteroffensive Phase II 

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.  This pamphlet shows that during his tenure, the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the Presidential Unit Citation for the period 25 August 1966 through 1 October 1966 based on Department of the Army General Orders Number 2, dated 1973, and for the period 2 October 1966 through 24 October 1966 based on Department of the Army General Orders Number 5, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to correct his DD Form 214 to show the following awards has been carefully reviewed and found to have merit:

* Air Medal with “V” device (fifth oak leaf cluster)
* Army Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* three bronze service stars to be added to his already-awarded Vietnam Service Medal
* Presidential Unit Citation (first oak leaf cluster)

2.  The applicant furnished orders, a citation, and a certificate showing he was awarded the Air Medal with “V” device for heroism while participating in aerial flight on 29 January 1966 to 5 December 1969.  Therefore, there is sufficient evidence upon which to base correction of his DD Form 214 to show award of the “V” device on his previously awarded Air Medal.

3.  Evidence shows he completed a qualifying period of service for award of a second Army Good Conduct Medal for the period 2 January 1973 to                  30 December 1976.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation (second oak leaf cluster) is annotated on his DD Form 214 for the period ending 30 December 1976.  Therefore, there is no need to correct his DD Form 214 to show this award and will not be discussed further in this proceeding.

5.  Records show he participated in three campaign phases while serving in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

6.  General orders show the applicant's unit was awarded two Presidential Unit Citations for actions during his tenure of assignment.  Therefore, he is entitled to have his records corrected to show these unit awards.

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 the Army Good Conduct Medal (2nd Award) for the period          2 January 1973 to 30 December 1976;	

   b.  deleting from item 24 of his DD Form 214 the Air Medal with 5 bronze oak leaf clusters, the Army Good Conduct Medal, the Vietnam Service Medal with two bronze service stars, and the  Presidential Unit Citation; and

	




   c.  adding to item 24 of his DD Form 214 the Air Medal with “V” device (numeral 5), the Army Good Conduct Medal (2nd Award), the Vietnam Service Medal with three bronze service stars, and the Presidential Unit Citation (1st oak leaf cluster).




      
      _______ _   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)                                         AR20110005201



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ABCMR Record of Proceedings (cont)                                         AR20110005201



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