IN THE CASE OF:	  

		BOARD DATE:	  22 February 2012

		DOCKET NUMBER:  AR20110014832 


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 the following corrections to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 19 February 1973:

	a.  The skill qualification identifier (SQI) F be added to his military occupational specialty (MOS).

 	b.  Add the Bronze Star Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states the Army failed to provide the award certifications.

3.  The applicant provides:

* his DD Form 214
* a citation for the award of the Air Medal
* orders showing his flight status

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.  He enlisted in the Regular Army on 23 July 1970 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded MOS 67N (UH-1 Helicopter Repairman).

3.  Headquarters, 1st Basic Combat Training Brigade, Fort Jackson, SC Special Orders Number 137, dated 18 September 1970, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  He served in the Republic of Vietnam with:

* Headquarters and Headquarters Company, 1st Brigade (Airmobile), 101st Airborne Division from 15 April 1971 to 19 January 1972
* 237th Medical Detachment from 19 May 1972 to 16 February 1973

5.  Headquarters, 101st Airborne Division (Airmobile) issued:

* General Orders Number 12072, dated 13 December 1971, awarding him the Bronze Star Medal for meritorious service from May 1971 to January 1972
* General Orders Number 509, dated 9 January 1972, awarding him the Air Medal (second through third award) for the period 29 August to               29 September 1971

6.  518th AG Personnel Service Company Special Orders Number 314, dated 
10 November 1972, designated him as a helicopter crew chief in a flying status.

7.  Headquarters, United States Army Vietnam/MACV Support Command General Orders Number 2598, dated 15 December 1972, awarded him the Air Medal for the period July 1972 to August 1972.

8.  Item 41 (Awards and Decorations) shows he was awarded the Aircraft Crewman Badge (now known as the Aviation Badge).

9.  On 19 February 1973, he was released from active duty.  He completed 
2 years, 6 months, and 27 days of active service that was characterized as honorable.  His military records do not contain any convictions by court-martial or any instances of nonjudicial punishment.   He was issued a DD Form 214 for this period of service.

	a.  Item 23a (Specialty Number & title) shows his MOS as 67N2O.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or is authorized the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal

10.  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.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

11.  A copy of his orders for the award of the Bronze Star Medal was obtained from 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 United States Army Human Resources Command.  

12.  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 that all units assigned in Vietnam from 
8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.

13.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

14.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  Based on his dates of service in Vietnam, Table B-1 (Campaigns, Service Requirement, and Inscriptions Prescribed for Streamers) shows he served in the:

* Vietnam Counteroffensive Phase VII Campaign (1 July 1970 - 30 June 	1971)
* Consolidation I Campaign (1 July 1971 - 30 November 1971)
* Consolidation II Campaign (1 December 1971 - 29 March 1972)
* Vietnam Cease-Fire Campaign (30 March 1972 - 28 January 1973)

	b.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 of this regulation.  Authorized service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

	c.  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.

15.  Army Regulation 611-201 (Enlisted Career Management Fields and Military Occupational Specialties) lists characters authorized for SQI's.

	a.  The character O denotes no special qualification.

	b.  The character F denotes flying status and is used to identify personnel whose duties require frequent and repetitive aerial flights.

DISCUSSION AND CONCLUSIONS:

1.  The award of four Air Medals and orders designating him a helicopter crew chief show he was in a flying status.  Therefore, it is appropriate to add the SQI F to his MOS on his DD Form 214.

2.  Orders obtained from ADCARS show he was awarded the Bronze Star Medal. Therefore, this award should be added to his DD Form 214.

3.  Orders show he was awarded a total of four Air Medals.  Therefore, the Air Medal with the numeral 4 should be added to his DD Form 214.

4.  The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 23 July 1970 to 19 February 1973 ending with termination of a period of Federal military service.

5.  His DA Form 20 shows he was awarded the Aviation Badge.  Orders show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar. Therefore, these two awards should be added to his DD Form 214.

6.  Based on his service in the Republic of Vietnam he is authorized:

* four bronze service stars to be worn on his Vietnam Service Medal
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 for the period 23 July 1970 to 19 February 1973; 

	b.  Changing his MOS in item 23a of his DD Form 214 to read 67N2F; and

	c.  amending item 24 of his DD Form 214 by deleting the Vietnam Service Medal and adding the:

* Bronze Star Medal
* Air Medal with Numeral 4
* Army Good Conduct Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Aviation Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar



      _______ _   __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)                                         AR20110014832



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ABCMR Record of Proceedings (cont)                                         AR20110014832



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