IN THE CASE OF:	  

		BOARD DATE:	  18 October 2011

		DOCKET NUMBER:  AR20110009343 


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) for the period ending 12 June 1970 to show:

* Aircraft Crewman Badge (currently known as the Aviation Badge)
* Air Medal (2nd through 16th Oak Leaf Cluster)
* all unit awards and decorations for the 140th Transportation Detachment (TD)
* he served in a door gunner position

2.  The applicant states that he served in the Republic of Vietnam (RVN) and he was assigned to the 140th TD attached to the 117th Assault Aviation Company.  He states that he received on-the-job training and was given the position as door gunner for his company commander.  While serving as a UH-1 Helicopter crewmember (door gunner) he earned the Air Medal as he logged over 800 flight hours.

3.  The applicant provides a religious pamphlet titled “A Purpose Driven Life A___ P_____’s Story “A.P.”Awesome Purpose” and a photograph of him with three fellow former Soldiers.  

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 15 June 1967.  On 21 June 1967, he was honorably discharged for immediate enlistment. He enlisted in the Regular Army on 22 June 1967 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 68G (Air Frame Repairman).

3.  He arrived in the RVN and was assigned to the 140th TD on 17 January 1968. 

4.  Special Orders Number 280, dated 11 November 1968, awarded him the Aircraft Crewman Badge, issued by the 214th Combat Aviation Battalion.

5.  General Orders Number 8032, dated 3 December 1969, awarded him the Air Medal, issued by the 1st Aviation Brigade.

6.  He departed Vietnam on 15 January 1969.  On 12 June 1970, he was honorably released from active duty in the rank and pay grade of specialist five (SP5)/E-5 after completing a total of 2 years, 11 months, and 28 days of creditable active service.  

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Authorized or Awarded) of his DD Form 214 for the period ending 12 June 1970 shows that he was awarded: 

* National Defense Service Medal
* Vietnam Service Medal 
* RVN Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

8.  There are no orders in the applicant's records that show he was awarded the Air Medal (2nd through 16th Oak Leaf Cluster).  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Air Medal (2nd through 16th Oak Leaf Cluster).
9.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any 
Air Medal (2nd through 16th Oak Leaf Cluster) orders on file for the applicant.

10.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 shows his conduct and efficiency ratings as "excellent" throughout his period of service.

11.  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.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  This regulation also provides 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.  

13.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star will be worn instead of five 
bronze service stars.  Appendix B shows that during his service in Vietnam the applicant participated in the following five campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968  
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968) 
* Vietnam Counteroffensive Phase V (1 July - l November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969) 
14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that at the time of the applicant's assignment to the 140th TD, it was cited for award of the RVN Gallantry Cross with Palm Unit Citation during the period 27 March 1967 through 18 May 1968 based on Department of the Army General Orders (DAGO) 21, dated 1969.

15.  Army Regulation 635-5 (Separation Documents) in effect at that time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized preparation of the DD Form 214.  There is no provision for entering a duty position on the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was awarded the Air Medal and Aircraft Crewman Badge (currently known as the Aviation Badge).  Therefore, his DD Form 214 for the period ending 12 June 1970 should be amended to add these awards.

2.  He was separated in the rank of SP5 with 2 years, 11 months, and 28 days of creditable active service with no time lost and conduct and efficiency ratings of "excellent" throughout his period of service.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 15 June 1967 through 12 June 1970.

3.  He was assigned to a unit during a period of time the unit was awarded the RVN Gallantry Cross with Palm Unit Citation.  His participated in five campaign phases while serving in the RVN.  Therefore, he is entitled to one silver service star for wear on his already-awarded Vietnam Service Medal.  His DD Form 
214 should be amended to add these awards.

4.  There are no orders or evidence in his military service that show he was awarded the 2nd through 16th oak leaf cluster for the Air Medal. 

5.  Army Regulation 635-5 in effect at that time had no provisions for entering a duty position on the DD Form 214.  Therefore, the duty position was not an authorized entry on the DD Form 214.  





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:

	a.  awarding the applicant the Army Good Conduct Medal (1st Award) for the period 15 June 1967 through 12 June 1970; and 

	 b.  amending his DD Form 214 for the period ending 12 June 1970 to add:

* Army Good Conduct Medal (1st Award)
* Air Medal
* Aviation Badge
* RVN Gallantry Cross with Palm Unit Citation
* one silver service star to be worn on his already-awarded Vietnam Service Medal

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 adding the 2nd through 16th oak leaf cluster for the Air Medal or adding his duty position to his DD Form 214.



      _______ _   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)                                         AR20110009343





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ABCMR Record of Proceedings (cont)                                         AR20110009343



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