IN THE CASE OF:	  

		BOARD DATE:	  18 October 2011

		DOCKET NUMBER:  AR20110006536 


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 Air Medal.

2.  The applicant states, in effect, the award is not listed on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* General Orders Number 12002
* Certificate awarding him the Air Medal

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 was inducted into the Army of the United States on 21 September 1966 and he held military occupational specialty 67N (Single Rotary Turbine Helicopter Mechanic).  He served in Vietnam with Company C, 15th Transportation Corps Battalion, 1st Cavalry Division, from 24 September 1967 to 12 September 1968.

3.  He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 12 September 1968.  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 Campaign Medal
* Vietnam Service Medal
* Two overseas service bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  Headquarters, 1st Cavalry Division, General Orders Number 12002, dated 9 September 1968, awarded him the Air Medal for meritorious achievement in Vietnam.

5.  Army Regulation 600-8-22 (Military Awards) 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, campaign participation credit was awarded for the:

* Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968)
* Tet Counteroffensive (30 January to 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April to 30 June 1968)
* Vietnam Counteroffensive, Phase V (1 July to 1 November 1968)

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his tenure with Company C, 15th Transportation Corps Battalion:

* Company C was awarded the Valorous Unit Award for the period from 1 to 31 October 1967, based on Department of the Army General Orders (DAGO) Number 42, dated 1972
* The 15th Transportation Battalion was awarded the Meritorious Unit Commendation for service from 1 July 1967 to 31 May 1968, based on DAGO Number 28, dated 1969
* The 15th Transportation Battalion was awarded a second award of the Meritorious Unit Commendation for service from 1 June 1968 to 30 November 1970, based on DAGO Number 2, dated 1971
* The 15th Transportation Battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 9 August 1965 to 19 May 1969 based on DAGO Number 59, dated 1969

7.  A review of his records reveals no other derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.  

8.  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. 

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.  General orders awarded his unit of assignment in Vietnam the Valorous Unit Award, two awards of the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards. 

3.  He was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his Vietnam Service Medal.

4.  He served honorably during the period 21 September 1966 through 12 September 1968.  He served in Vietnam, attained the rank/grade of SP5/E-5, and he received "excellent" conduct and efficiency ratings throughout most of his military service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and to correct his records to show this award.

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 (1st Award) for exemplary behavior, efficiency, and fidelity during the period 21 September 1966 through 12 September 1968
* adding to item 24 of his DD Form 214 the:

* Air Medal
* Army Good Conduct Medal (1st Award)
* Valorous Unit Award
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      _______ _   _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)                                         AR20110006536



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110006536



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1