IN THE CASE OF:	  

		BOARD DATE:	  15 May 2012

		DOCKET NUMBER:  AR20110023206 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by adding all awards and decorations.  

2.  The applicant states his DD Form 214 does not include all awards and decorations.  

3.  The applicant provides Air Medal (AM) certificates in support of his application.  

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 record shows the applicant was inducted into the Army of the United States on 8 May 1967, and he enlisted in the Regular Army on 11 May 1967, and was trained in and awarded military occupational specialty (MOS) 67N (UH-1 Helicopter Repairer).  It also shows he was promoted to specialist five/E-5 (SP5/E-5) on 29 April 1969, and that this is the highest rank he attained while serving on active duty.  

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 8 December 1967 through 7 December 1968.  Item 38 (Record of Assignments) shows that during his RVN tour, he served in Company A, 101st Aviation Battalion, 101st Airborne Division, performing duties in MOS 67N as a helicopter mechanic. 

4.  Item 38 of his DA Form 20 also shows he received no less than “excellent” conduct and efficiency ratings at all of his active duty assignments.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of derogatory information or a unit commander disqualification that would have precluded award of the Army Good Conduct Medal (AGCM).  

5.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows he earned the following awards during his active duty tenure:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* RVNCM with Device 1960
* AM
* Bronze Star Medal (BSM)
* Army Commendation Medal (ARCOM)

6.  The MPRJ contains the following award orders:

* Headquarters, 101st Airborne Division General Order (GO) Number 6221, dated 13 September 1968, which awarded the ARCOM for meritorious achievement during the period 8 December 1967 through 16 June 1968
* Headquarters, 101st Air Cavalry Division GO 4091, dated 29 July 1968, which awarded the Air Medal for meritorious achievement in flight during the period 29 April 1968 through 24 May 1968



7.  On 8 May 1970, the applicant was honorably released from active duty (REFRAD), in the rank of SP5/E-5, after completing 2 years, 11 months, and 28 days of active military service.  The DD Form 214 he was issued at the time lists the following earned awards:

* NDSM
* VSM
* RVNCM
* BSM
* ARCOM
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar

8.  Review of 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 U.S. Army Human Resources Command, failed to reveal any award orders for the applicant.  

9.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is used in lieu of 5 bronze service stars to denote participation in 5 campaigns.  Appendix B shows that during his service in Vietnam, the applicant participated in the following campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968)
* Tet Counteroffensive (30 January-1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969) 

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) assists commanders in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's tenure of assignment in the RVN, his unit (101st Aviation Battalion) was awarded the RVN Gallantry Cross (RVNGC) with Palm Unit Citation for the period 19 July 1968 through 14 May 1969 in Department of the Army General Order 43, dated 1970, and the RVN Civil Actions Honor Medal (RVNCAHM) First Class (FC) Unit Citation for the period 1 October 1965 through 7 April 1970 in DAGO 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to add all awards and decorations to his DD Form 214 has been carefully considered and found to have merit.  The evidence of record confirms the applicant was awarded the AM for meritorious achievement in the RVN and that this award was omitted from his DD Form 214, as evidenced by an entry in item 41 of his DA  Form 20 and AM orders on file in his MPRJ.  As a result it would appropriate to add it at this time.  

2.  The record further shows the applicant received no less than “excellent” conduct and efficiency ratings at all of his active duty assignments, and is void of derogatory information or a unit commander disqualification that would have precluded award of the AGCM.  Therefore, it would be appropriate to award him the AGCM first award for his qualifying period of honorable active duty service from 11 May 1967 through 8 May 1970 and to add this award to his 
DD Form 214. 

3.  The record also shows that based on his RVN service and campaign participation, he is entitled to 1 silver service star for wear on his already-awarded VSM, and is eligible to wear the RVNGC with Palm Unit Citation and RVNCAHM FC Unit Citation.  As a result, his record and DD Form 214 should be corrected to show these awards.

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 him the AGCM (1st Award) for the period 11 May 1967 through 
8 May 1970; 

	b.  deleting the VSM from and adding the following awards to his DD Form 214:

* Air Medal 
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 1 silver service star 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20110023206



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ABCMR Record of Proceedings (cont)                                         AR20110023206



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