BOARD DATE:	  22 May 2012

		DOCKET NUMBER:  AR20110022281 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show additional awards of the Air Medal and any and all additional awards he may be entitled to.

2.  The applicant that he believes he is entitled to additional numerals on his Air Medal.  His current DD Form 214 shows the Air Medal with Numeral 1.  He had 653 hours of combat flying time.

3.  The applicant provides:

* two DA Forms 759 (Individual Flight Record and Flight Certificate - Army - Part I)
* three DA Forms 759-1 (Individual Flight Record and flight Certificate - Army - Part II)
* 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 records show he enlisted in the Regular Army on 28 May 1970.  He completed training and he was awarded military occupational specialty 67N (UH-1 Helicopter Repairman).  

3.  He served in Vietnam from 8 December 1970 through 26 September 1971 during two campaigns.  He was assigned to the 71st Assault Helicopter Company, 14th Aviation Battalion, 23rd Infantry Division.  

4.  Headquarters, 23rd Infantry Division, published the following general orders (GO) pertaining to the Air Medal:

* GO Number 9883, dated 2 September 1971, awarded him the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 12 to 16 February 1971
* GO Number 9904, dated 3 September 1971, awarded him the Air Medal with Numerals 2 through 21 for meritorious achievement in aerial flight in the Republic of Vietnam from 16 February 1971 to 24 August 1971

5.  He provides two DA Forms 759 and three DD Forms 759-1 which show he completed 653 hours of combat flying time between February and September 1971.

6.  He was honorably released from active duty on 3 March 1972.  He was credited with completing 1 year, 9 months, and 5 days of net active service with no time lost.  His DD Form 214 lists the following awards:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Vietnam Campaign Medal with Device (1960)
* Aircraft Crewman Badge
* Air Medal with Numeral 1
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

7.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  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.
8.  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.  There must have been no convictions by a court-martial.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, 14th Aviation Battalion, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 8 February through 31 March 1971 based on DAGO Number 42, dated 1972.  

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Air Medal (basic award) and Air Medal with Numerals 2 through 21 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 28 May 1970 through 3 March 1972 and his DD Form 214 should be corrected to show this award.

3.  GO awarded his unit the 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 this unit award.

4.  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:

* awarding the applicant the Army Good Conduct Medal (1st Award) for the period 28 May 1970 through 3 March 1972 
* deleting the Air Medal with Numeral 1 from his DD Form 214 and adding the:

* Army Good Conduct Medal (1st Award)
* Air Medal (22nd Award)
* 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)                                         AR20110022281





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ABCMR Record of Proceedings (cont)                                         AR20110022281



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