IN THE CASE OF:	  

		BOARD DATE:	    15 March 2012

		DOCKET NUMBER:  AR20110017652 


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 Air Medal and Army Commendation Medal.

2.  The applicant states the Air Medal and Army Commendation Medal are not shown on his DD Form 214.  He does not know why they were not listed on his DD Form 214 when he was discharged on 13 September 1967.

3.  He provides:

* Air Medal Certificate and Citation
* Army Commendation Medal Certificate and Citation
* DD Form 214

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's military record shows he enlisted in the Regular Army on 14 September 1964 having prior enlisted service in the U.S. Air Force Reserve.  He completed training and was awarded the following military occupational specialties (MOS):

* primary – 54E (Chemical Staff Specialist) effective 3 March 1967
* secondary – 91B (Medical Specialist) effective 31 October 1966
* additional – 11H (Indirect Fire Crewman) effective 20 August 1965

3.  He served in Vietnam in MOS 11H from 8 July 1965 through 12 June 1966 during two campaigns.  He was assigned to:

* Headquarters and Headquarters Company (HHC), 2nd Battalion (Airborne), 327th Infantry from 8 July 1965 to 21 May 1966
* HHC, 1st Brigade, 101st Airborne Division from 22 May 1966 to 12 June 1966

4.  He provides copies of his certificates and citations which show he was awarded the:

* Army Commendation Medal for exceptionally meritorious service in support of the U.S. objective in the counter-insurgency effort in the Republic of Vietnam during the period July 1965 to June 1966
* Air Medal for meritorious achievement while participating in sustained aerial flight in support of combat ground forces in the Republic of Vietnam during the period 7 January 1966 to 10 March 1966

5.  General Orders Number 2472 issued by Headquarters, U.S. Army Vietnam, dated 26 April 1966, awarded him the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 7 January 1966 to 10 March 1966.

6.  General Orders Number 4059 issued by Headquarters, U.S. Army Vietnam, dated 12 June 1966, awarded him the Army Commendation Medal for meritorious service in the Republic Vietnam from July 1965 to June 1966.

7.  He was honorably discharged from active duty in pay grade E-5 on 13 September 1967 at the expiration of his term of service.  He was credited with completing 3 years of net active service with no lost time.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Recoilless Rifle Bar (106-milimeter)
* Parachutist Badge

9.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service and one "good" efficiency (academic) rating in 1965.  There is no evidence of any disciplinary action during his period of active service.  There also is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.

10.  Item 41 (Awards and Decorations) of his DA Form 20 lists the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) in addition to the awards shown on his DD Form 214.

11.  Army Regulation 672-5-1 (Decorations and 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 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.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.

12.  Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, 2nd Battalion, 327th Infantry, was awarded the Meritorious Unit Commendation for service from 29 July 1965 to 1 October 1966 by Department of the Army General Orders Number 17, dated 1968.

14.  Department of the Army General Orders Number 8, dated 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units assigned to U.S. Army Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Air Medal and Army Commendation Medal during his period of service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  The evidence of record appears to show he met the criteria for the first award of the Army Good Conduct Medal and there is no evidence of record which shows he was disqualified by his commander for this award.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 14 September 1964 through 13 September 1967 and his DD Form 214 should be corrected to show this award.

3.  The evidence confirms he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and to correction of his DD Form 214 to show these bronze service stars.

4.  The evidence of record also shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction to his DD Form 214 to show this award.

5.  General orders awarded his unit the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

6.  In view of the foregoing, the applicant's records should be corrected as recommended below.

BOARD VOTE:

___X____  ___X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 the applicant the Army Good Conduct Medal (1st Award) for the period 14 September 1964 through 13 September 1967,

	b.  deleting the Vietnam Service Medal from item 24 of his DD Form 214, and

	c.  adding the following awards to item 24 of his DD Form 214:

* Air Medal
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      _______ _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)                                         AR20110017652



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ABCMR Record of Proceedings (cont)                                         AR20110017652


   
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