BOARD DATE:	  29 November 2011

		DOCKET NUMBER:  AR20110010620 


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 item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the:

* Air Medal with Numeral 20
* Army Good Conduct Medal
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Aircraft Crew Member Badge

2.  He also requests correction of item 24 of his DD Form 214 to show all unit awards and decorations to which he may be entitled for his service in Vietnam, such as the Presidential Unit Citation, Meritorious Unit Commendation, or Valorous Unit Award.

3.  The applicant also requests, in effect, correction of item 24 of his DD Form 214 to show award of the Army Achievement Medal based on an Army Achievement Medal Certificate, dated 21 February 1970.

4.  The applicant states these awards were left off of his DD Form 214 when he left Vietnam and the Army.



5.  The applicant provides:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* Army Commendation Medal Citation and orders
* Air Medal (2nd through 20th Award) Citation and orders
* Air Medal Certificate
* Army Achievement Medal Certificate

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 2 August 1968 for a period of 3 years.  He was awarded military occupational specialty (MOS) 67A (aircraft maintenance apprentice) and later MOS 67N (UH-1 helicopter mechanic).  He arrived in Vietnam on 1 April 1969.  He served as a helicopter mechanic assigned to the 281st Aviation Company in Vietnam from 7 April 1969 to 4 April 1970.  His DA Form 20 shows his duty MOS as 67N (crew chief) from 5 April 1970 to 19 September 1970.  He departed Vietnam on 30 October 1970.  On 30 July 1971, he was released from active duty in the rank of specialist five after completing 2 years, 11 months, and 29 days of creditable active service with no lost time.

3.  Item 24 of his DD Form 214 shows the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* National Defense Service Medal
* Vietnam Service Medal
* three overseas service bars
* Air Medal


* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Air Medal with 1st Oak Leaf Cluster

4.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

5.  Records show he participated in five campaigns during his assignment in Vietnam.

6.  The applicant's records and the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, contain the following orders:

* General Orders Number 679, Headquarters, 1st Aviation Brigade, Vietnam, dated 5 February 1970, awarding him the Air Medal
* General Orders Number 6687, Headquarters, 1st Aviation Brigade, Vietnam, dated 20 July 1970, awarding him the Army Commendation Medal
* General Orders Number 8704, Headquarters, 1st Aviation Brigade, Vietnam, dated 4 September 1970, awarding him the Air Medal (2nd through 20th Award)

7.  There are no orders for the Aircraft Crew Member Badge or the Army Achievement Medal in the applicant's service personnel records.

8.  He provides an Army Achievement Medal Certificate, dated 21 February 1970, for meritorious achievement in connection with military operations against a hostile force.

9.  Army Regulation 600-8-22 (Military Awards) states the Army Achievement Medal was established by the Secretary of the Army on 10 April 1981 and is awarded to members of the Armed Forces of the United States who, while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

11.  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 the 281st Aviation Company was cited for the following awards during the time of his assignment:

* Republic of Vietnam Gallantry Cross with Gold Star Unit Citation for actions during the period January to December 1970 by DAGO Number 5, dated 1973
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 October 1965 to 11 January 1971 by DAGO Number 6, dated 1974

12.  Department of the Army Pamphlet 672-3 shows the applicant's unit was not cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Presidential Unit Citation, Meritorious Unit Commendation, or Valorous Unit Award while he was assigned to it.

13.  Army Regulation 600-8-22 states the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is awarded by the Vietnamese government for meritorious service.

14.  Army Regulation 600-8-22 states the Presidential Unit Citation is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

15.  Army Regulation 600-8-22 states the Valorous Unit Award is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 
3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.

16.  Army Regulation 600-8-22 states the Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  Units based in the continental United States are excluded from this award, as are other units outside the area of operations.

17.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.  A silver service star is authorized in lieu of five bronze service stars.

18.  Army Regulation 600-8-22 states 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.

19.  Army Regulation 672-5-1, in effect at the time, provided for temporary and permanent award of the Aircraft Crew Member Badge [currently known as the Aviation Badge].  Commanders of any unit with Army aircraft assigned could publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge.  To be eligible for temporary award of the Aircraft Crew Member Badge, an individual had to be on flying status in the case of crew chiefs, electronic sensor system operators, and flight engineers or as a non-crewmember in the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors.  Individuals were also required to be qualified based on a class III physical examination and to hold a principal duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector.  These personnel were authorized to wear the badge temporarily until relieved from those duties or they could be authorized permanent wear of the Aircraft Crew Member Badge once they fulfilled the regulatory requirements for permanent award of the badge.

20.  For permanent award of the Aircraft Crew Member Badge, an individual must have performed in one of the duties specified above for not less than 12 months (not necessarily consecutive) or must have been school-trained for a principal duty specified above.  Personnel who were precluded by incapacitation from further flight duty due to wounds sustained as a result of hostile action or injuries resulting from an aircraft accident for which they were not personally responsible were entitled to permanent wear of the Aircraft Crew Member Badge.  Further, an individual who participated in at least 15 combat missions under 


probable exposure to enemy fire while serving in the principal duty of crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector was entitled to permanent award of the Aircraft Crew Member Badge.

21.  Army Regulation 600-8-22 provides that the Aircraft Crew Member Badge may be permanently awarded for successful completion of formal advanced individual training in career management field 67.

DISCUSSION AND CONCLUSIONS:

1.  He was released from active duty in the rank of specialist five with almost 3 years of creditable active service with no lost time.  His records show he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary action or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 2 August 1968 through 30 July 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

2.  He participated in five campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with one silver service star.  His DD Form 214 should be corrected to show this award.

3.  His unit was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Gallantry Cross with Gold Star Unit Citation while he was assigned to it.  His DD Form 214 should be corrected to show these unit awards.

4.  His unit was not cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Presidential Unit Citation, Meritorious Unit Commendation, or Valorous Unit Award while he was assigned to it.  Therefore, there is insufficient evidence with which to amend his DD Form 214 to show these unit awards.

5.  His DD Form 214 shows two awards of the Air Medal.  However, orders show he received 20 awards of the Air Medal.  His DD Form 214 should be corrected to show the Air Medal with Numeral 20.



6.  The evidence shows he was school-trained in a career management field 67 MOS.  Therefore, he is entitled to award of the Aviation Badge.

7.  The applicant served in the Regular Army from 2 August 1968 through 30 July 1971.  The Army Achievement Medal became an authorized award on or after 1 August 1981.  There is no way the applicant could have received the Army Achievement Medal; therefore, the Army Achievement Medal Certificate which he provided is determined not to be authentic.  The applicant is not entitled to award of the Army Achievement Medal or its addition to his 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 the evidence presented is 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 him the Army Good Conduct Medal (1st Award) for the period 2 August 1968 through 30 July 1971;

	b.  deleting the entries "VSM," "AM," and "AM 1st OLC" from item 24 of his DD Form 214; and

	c.  adding the Air Medal with Numeral 20, Army Good Conduct Medal (1st Award), Vietnam Service Medal with one silver service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Gallantry Cross with Gold Star Unit Citation, and Aviation Badge to item 24 of his DD Form 214.

2.  The Board further determined 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 Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Army Achievement Medal, Presidential Unit Citation, Meritorious Unit Commendation, or Valorous Unit Award 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)                                         AR20110010620



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ABCMR Record of Proceedings (cont)                                         AR20110010620



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