IN THE CASE OF:	  

		BOARD DATE:	  22 December 2012

		DOCKET NUMBER:  AR20110012356 


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 with 
22 Oak Leaf Clusters (OLC) and a "V" Device.

2.  The applicant states he never got his 22nd OLC or "V" Device.

3.  The applicant provides General Orders Number 1171 awarding him the Air Medal (22nd OLC) and "V" Device.

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 25 April 1967.  He was honorably discharged on 27 April 1967 for the purpose of immediate enlistment.  

3. On 28 April 1967, he enlisted in the Regular Army and held military occupational specialty 67N (Single Rotor Turbine/Utility Helicopter Repairman).  He served in Vietnam from 5 November 1967 to 15 June 1969.  He was assigned to the 283rd Medical Detachment.

4.  He was honorably released from active duty in the rank/grade of staff sergeant (SSG)/E-6 on 27 April 1970.  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 Service Medal
* Vietnam Campaign Medal
* Aircraft Crewman Badge
* Air Medal (21st OLC)
* Army Commendation Medal
* Distinguished Flying Cross

5.  During his first tour in Vietnam, Headquarters, 44th Medical Brigade, published various general orders (GO) awarding him the 1st through 21st OLC of the Air Medal.  

6.  GO Number 1177, dated 13 November 1969, issued by Headquarters, 44th Medical Brigade, awarded him the Air Medal (22nd OLC) with "V" Device for heroism on 21 May 1969.

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

8.  Item 29 (Qualification in Arms) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he qualified with the following weapons:

* Rifle (M-14), Expert, June 1967
* Rifle (M-16), Expert, October 1967
* Pistol (.45 Caliber), Marksman, September 1968

9.  A review of the applicant's service record shows no 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 shows he received "excellent" conduct and efficiency ratings during most of his military service.  He received an "unknown" conduct and efficiency rating while on a permanent change of station from 8 to 15 November 1967.

10.  Army Regulation 672-5-1, 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. 

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

12.  Department of Army General Orders Number 55, dated 1968, awarded the applicant's unit of assignment in Vietnam, the 283rd Medical Detachment, the Meritorious Unit Commendation for service from 1 October 1966 to 31 March 1968.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that during his service in Vietnam, campaign participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes five bronze service stars

* 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
* Vietnam Counteroffensive, Phase VI, 2 November 1968 to 22 February 1969
* Tet 69 Counteroffensive, 23 February to 8 June 1969
* Vietnam Summer – Fall 1969, 9 June to 31 October 1969

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Air Medal (22nd OLC) with "V" Device 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.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle (M-14) and (M-16) Bars and the Marksman Marksmanship Qualification Badge with Pistol (.45 Caliber) Bar which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.

3.  He was awarded the Vietnam Service Medal.  Additionally, his records show he participated in seven campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to one silver service star and two bronze service stars to be affixed to his already awarded Vietnam Service Medal.

4.  General orders awarded his unit in Vietnam 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.

5.  He served honorably during the period 25 April 1967 (date of induction) through 27 April 1970 (date of separation).  He served in Vietnam, was awarded multiple combat awards, attained the rank/grade of SSG/E-6, and he received "excellent" conduct and efficiency ratings throughout of his military service. Absent 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 correct his DD Form 214 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 25 April 1967 through 24 April 1970;

   b.  deleting from Item 24 of his DD Form 214 the Air Medal (21st Award) and Vietnam Service Medal; and 

   c.  adding to Item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Air Medal (23rd Award) and "V" Device
* Vietnam Service Medal with one silver service star and two bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Pistol Bar 
(.45 Caliber)



      _______ _   _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)                                         AR20110012356



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ABCMR Record of Proceedings (cont)                                         AR20110012356



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