IN THE CASE OF:	  

		BOARD DATE:	  27 October 2011

		DOCKET NUMBER:  AR20110008738 


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 (Report of Separation from Active Duty) by adding the following awards:

* Distinguished Flying Cross (DFC)
* Air Medal (AM) and AM (2nd through 5th Award)
* Republic of Vietnam (RVN) Gallantry Cross with Bronze Star
* Army Commendation Medal (ARCOM)

2.  He states the documents he provides support his request for correction.

3.  He provides:

* Various orders
* Award certificates and citations
* Several award recommendation documents
* His DD Form 214

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.  His records show enlisted in the Regular Army on 8 February 1971.  After completion of training, he served in military occupational specialty 67N          (UH-1/AH-1G Helicopter Repairman).  

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

a.  Item 31 (Foreign Service) – he served in Vietnam from 11 August 1971
to 3 August 1972;

b.  Item 38 (Record of Assignments) – he was assigned as follows during his
tour in Vietnam:

   	(1)  5th Transportation Company, (Ambulance) (Provisional) 101st Airborne Division from 26 August 1971 through 18 February 1972.

		(2)  18th Corps Aviation Company, 1st Aviation Brigade from 19 February through 2 August 1972.

c.  Item 41 (Awards and Decorations) does not show he was awarded the
DFC, ARCOM, AM, AM (2nd through 5th Award) or the RVN Gallantry Cross with Bronze Star. 

4.  His record contains General Orders (GO) Number 2279, dated 6 August 1972.  This order shows he was awarded the DFC for heroism on 1 July 1972 while participating in aerial flight. 

5.  His record contains a copy of GO Number 2706, dated 24 September 1972.  This order shows he was awarded the AM (2nd through 5th Award) for the period 18 March to 26 July 1972.

6.  He provided GO Number 2808, dated 2 October 1972 which award him the ARCOM for meritorious service in connection with ground operations against a hostile force while in Vietnam from 22 August 1971 to 17 August 1972.



7.  He also provided a memorandum which authorized him to accept and wear the RVN Gallantry Cross with Bronze Star.  This document shows he received this award at the regimental level for his courage and professionalism while serving as a helicopter gunner in Vietnam. 

8.  On 7 February 1974, he was honorably released from active duty and transferred to the U.S. Army Reserve (Reinforcement) for completion of his Reserve service obligation.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) includes the following awards:

* National Defense Service Medal
* Vietnam Service Medal (VSM) with one bronze service star 
* RVN Campaign Medal with Device (1960)

9.  A review of his records indicates entitlement to additional awards which are not shown on his DD Form 214.

10.  His record is void of documentation showing he was recommended for or awarded the Army Good Conduct Medal (AGCM).  Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military career.  His record is void of any derogatory information that could serve to disqualify him for this award.

11.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying 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.

12.  Department of the Army General Orders Number 8, dated 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in 


Vietnam.  This document shows during the period of his assignment with the    5th Transportation Company (Ambulance) (Provisional), 101st Airborne Division his unit was awarded the Meritorious Unit Commendation (MUC) by Department of the Army General Orders Number 32 (1973). 

14.  Department of the Army Pamphlet 672-3 also lists campaign periods for the Vietnam era.  Three designated campaigns coincide with his period of service in Vietnam:

* Consolidation I, 1 July 1971—30 November 1971 
* Consolidation II, 1 December 1971—29 March 1972 
* Vietnam Cease-Fire, 30 March 1972—28 January 1973

15.  Army Regulation 600-8-22 (Military Awards) states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  

16.  The same regulation states Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the AM.  The numeral 2 denotes the second award of the AM.

DISCUSSION AND CONCLUSIONS:

1.  His record contains orders showing he was awarded the AM (2nd through 5th Award).  Although his record is void of orders which award him the first AM, it is reasonable to presume that by his receipt of the four subsequent awards, he did in fact receive the first award also.  Therefore it would be appropriate to add the AM with Numeral 5 to his DD Form 214. 

2.  General orders awarded him the DFC and ARCOM.  As a result, he is entitled to have these awards added to his DD Form 214.  

3.  The evidence of record shows he was awarded the RVN Gallantry Cross with Bronze Star as an individual decoration.  He is therefore entitled to have this decoration added to his DD Form 214. 

4.  The evidence of record confirms he served honorably during the period 
8 February 1971 through 7 February 1974.  He received all "excellent" conduct and efficiency ratings throughout his military service.  Based on his overall record 


of service, it would be appropriate to award him the first award of the AGCM and to correct his records to reflect this award.

5.  General orders awarded his unit the MUC and the RVN Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show these unit awards.

6.  He was previously awarded the VSM with one bronze service star.  His records show he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to wear three bronze service stars on his VSM.

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 AGCM (First Award) for the period 8 February 1971 through 7 February 1974;

b.  deleting the VSM with one bronze service star from his DD Form 214; and 

c.  adding the following to his DD Form 214:

* DFC
* ARCOM
* AGCM (First Award)
* AM with Numeral 5
* RVN Gallantry Cross with Bronze Star
* RVN Gallantry Cross with Palm Unit Citation 



* MUC
* VSM with three bronze service stars



      
      _______ _   _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)                                         AR20110008738





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ABCMR Record of Proceedings (cont)                                         AR20110008738



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