BOARD DATE:	27 October 2011

	DOCKET NUMBER:  AR20110009764


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 award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

2.  The applicant makes no additional statement in support of his request.

3.  The applicant provides his DD Form 214; two letters from the National Personnel Records Center, dated 13 April 2011 and 22 April 2011; an internet printout of unit awards received by the 1st Aviation Brigade; and a portion of DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register).

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 14 March 1966.  He completed training and was awarded military occupational specialty 71P (Flight Operations Coordinator).   

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from on or about 12 March 1967 to 8 March 1968, during which time he was assigned to the 338th Aviation Detachment, 1st Aviation Brigade.  

4.  On 23 February 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he completed 
2 years, 11 months, and 10 days of total active service, including 1 year, 
10 months, and 6 days of foreign service in U.S. Army Pacific and U.S. Army Europe.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* 2 Overseas Service Bars

6.  Department of the Army Pamphlet 672-3 shows the 338th Aviation Detachment was awarded the:

* Meritorious Unit Commendation, for service between 1 January and 
31 December 1967, by Department of the Army General Orders (DAGO) Number 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service between 1 March 1966 and 26 March 1967, by DAGO 21, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service between 27 March 1967 and 17 May 1968, by DAGO 46, dated 1969

7.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

8.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

9.  There is no evidence in his available records that shows he was awarded the Army Good Conduct Medal (AGCM); however, there is no evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by courts-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).  Item 38 (Record of Assignments) of his DA Form 20 shows he consistently received "excellent" conduct and efficiency ratings throughout his service.  

10.  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.

11.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that a bronze service star is authorized with the Vietnam Service Medal 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, Phase II (1 July 1966 – 31 May 1967)
* Vietnam Counteroffensive, Phase III (1 June 1967 – 29 January 1968)
* Tet Counteroffensive (30 January 1968 – 1 April 1968) 

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant's unit in Vietnam the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) when he was assigned to the unit; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

2.  The evidence of record shows he served honorably on active duty from 
14 March 1966 through 23 February 1969, and his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary or derogatory actions or a commander's 

disqualification for the AGCM (1st Award).  Therefore, as a matter of equity, it would be appropriate to award him the AGCM (1st Award) and correct his 
DD Form 214 to show this award.

3.  Records show he participated in three campaigns during his service in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

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 AGCM (1st Award) for the period 14 March 1966 through 23 February 1969
* deleting the entry "Vietnam Service Medal" from item 24 of his DD Form 214 
* adding to item 24 of his DD Form 214 the AGCM (1st Award), Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award), and Vietnam Service Medal with 3 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)                                         AR20080003550



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ABCMR Record of Proceedings (cont)                                         AR20110009764




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