BOARD DATE:	  20 March 2012

		DOCKET NUMBER:  AR20110016615 


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 following awards:

* Distinguished Flying Cross (DFC)
* Bronze Star Medal (BSM)
* Purple Heart (PH)
* Air Medal (AM) (6th Award)
* Army Commendation Medal (ARCOM)
* Army Good Conduct Medal (AGCM)

2.  The applicant states these awards were earned and should be duly recognized on his DD Form 214.

3.  The applicant provides copies of the following documents:

* DD Form 214
* DD Form 256A (Honorable Discharge Certificate)
* Special Orders Number 221, dated 9 August 1970 (Release from active duty)
* Notification of Birth Registration, Commonwealth of Pennsylvania
* Social Security Card
* ARCOM Certificate, 1st Oak Leaf Cluster, dated 23 July 1969
* AM Certificate, dated 17 March 1969
* AM Certificate (2nd through 6th award) dated 12 March 1970
* General Orders (GO) Number 2073, dated 25 February 1970 (DFC award)
* DFC Certificate, dated 25 February 1970
* GO Number 2344, dated 5 March 1970 (PH award)
* PH CertificateH
* GO Number 7736, dated 7 July 1970 (BSM award)

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.  On 4 January 1968, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 67N (Utility Helicopter Repairman).

3.  The applicant was assigned to Fort Benning, Georgia from 5 to 31 August 1968 for attendance at the Basic Airborne Course.  His conduct and efficiency during the period of this training are recorded as "excellent"; however, the record does not contain evidence showing he was awarded the Parachutist Badge.

4.  On 31 August 1968, the applicant departed Fort Benning for duty in the Republic of Vietnam (RVN).

	a.  On 23 October 1968, he was assigned for duty as a helicopter repairman with the 101st Airborne Division Artillery.

	b.  On 20 December 1968, he was assigned for duty as a helicopter repairman with the 377th Artillery (Ambulance).

5.  The applicant's records contain the following award orders issued by the 101st Airborne Division:

	a.  GO Number 2385, dated 17 March 1969, for award of the AM for the period from 12 December 1968 to 21 January 1969.

	b.  GO Number 9351, dated 23 July 1969, for award of the ARCOM with 
1st Oak Leaf Cluster for meritorious achievement from 1 January to 31 May 1969.

	c.  GO Number 2073, dated 25 February 1970 for award of the DFC for heroism while participating in aerial flight on 27 March 1969.

	d.  GO Number 2344, dated 5 March 1970, for award of the PH for wounds received in action on 11 February 1970.

	e.  GO Number 2502, dated 7 March 1970, for award of the Air Medal (2nd through 6th award) for the period from 22 January to 29 October 1969.

6.  On 6 August 1970, the applicant departed the RVN.

7.  On 9 August 1970, the applicant was released from active duty.  He had attained the rank of specialist five, pay grade E-5 and had completed 
2 years, 7 months and 6 days of creditable active duty service.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 indicates that he received the following awards:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with 1960 Device
* Marksman Marksmanship Qualification Badge with Rifle Bar
* AM
* ARCOM

9.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were "excellent."  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

10.  Army Regulation 600-8-22 (Military Awards) provides that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  At the time, subsequent awards of the AM were denoted by oak leaf clusters affixed to the ribbon.  Currently, numerals are used beginning with numeral 2 to denote the second award.

11.  Army Regulation 600-8-22, Appendix B, states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver star denotes participation in five campaigns.  It further shows that based on the applicant's dates of service in the RVN, he participated in the following seven campaign periods:

* the Vietnam Counteroffensive, Phase V
* the Vietnam Counteroffensive, Phase VI
* the Tet 69 Counteroffensive
* the Vietnam Summer-Fall 1969
* the Vietnam Winter-Spring 1970
* the DA Sanctuary Counteroffensive
* the Vietnam Counteroffensive, Phase VII

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 101st Airborne Division Artillery and the 377th Artillery, during the time of the applicant's assignment, were respectfully cited in Department of the Army General Orders (DAGO) Number 43, dated in 1970; and in DAGO Number 48, dated in 1971; for awards of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.

13.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the following awards:

* DFC
* BSM
* PH
* AM (6th Award)
* ARCOM
* AGCM

2.  General Orders show the applicant was received the following awards which should be shown on his DD Form 214:

* DFC
* BSM
* PH
* AM with Numeral 6
* ARCOM

3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist five, receiving multiple awards for heroic and meritorious achievement and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an AGCM for his service was an oversight.  Accordingly, he should be awarded this medal.

4.  Records show that the applicant participated in seven campaign periods during his service in the RVN.  Therefore, he is eligible for award of one silver service star and two bronze service stars to be affixed to his already-awarded VSM.

5.  Records show that the applicant’s unit was cited twice in general orders for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show two each of these foreign unit awards on his DD Form 214.

6.  Records show that the applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit 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 for the period 
4 January 1968 to 9 August 1970;

	b.  deleting from his DD Form 214 the VSM, AM, and ARCOM; and

	c.  adding to his DD Form 214:

* Distinguished Flying Cross
* Air Medal with Numeral 6
* Bronze Star Medal
* Purple Heart
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal
* Vietnam Service Medal with one silver service star and two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
(2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)



__________ _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)                                         AR20110016615





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ABCMR Record of Proceedings (cont)                                         AR20110016615



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