IN THE CASE OF:	  

		BOARD DATE:  19 June 2012

		DOCKET NUMBER:  AR20120000626 


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 that the Air Medal be added to his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states his Air Medal is not listed.

3.  The applicant provides copies of his DD Form 214 and the certificate and the citation for the Air Medal.

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 10 September 1969, the applicant was inducted into the Army of the United States, completed the training requirements, and he was awarded military occupational specialty 11B (Light Weapons Infantryman).
3.  His DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record of Assignments):

	a.  12 March 1970 – arrived in the Republic of Vietnam (RVN) and was assigned to the 199th Light Infantry Brigade;

	b.  23 March 1970 – assigned to Company D, 5th Battalion, 12th Infantry;

	c.  31 August 1970 – assigned to Headquarters and Headquarters Detachment, 7th Support Battalion, 199th Light Infantry Brigade;

   d. 18 October through 25 December 1970 – assigned to C Company, 1st Battalion (Airmobile), 5th Cavalry, 1st Calvary Division (Airmobile); and 

	e.  his conduct and efficiency ratings were exclusively “excellent” throughout his active duty service.

4.  1st Cavalry Division, General Orders Number 21975, dated 21 December 1970, awarded him the Air Medal and General Orders Number 22219, dated 27 December 1970, awarded him the Bronze Star Medal.

5.  He returned to the United States and was honorably released from active duty on 11 June 1971.  He was transferred to the U.S. Army Reserve in pay grade 
E-4.  

6.  His DD Form 214 lists his authorized awards as the National Defense Service Medal, RVN Campaign Medal (with Device (1960)), Vietnam Service Medal with two bronze service stars, Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar, Combat Infantryman Badge, Army Commendation Medal, and the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar. 

7.  Army Regulation 672-5-1 (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; for 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.

8.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  The applicant's service in Vietnam correlates with these campaigns:

* Vietnam Winter - Spring 1970 – 1 November 1969 - 30 April 1970
* Sanctuary Counteroffensive – 1 May - 30 June 1970
* Vietnam Counteroffensive Phase VII – 1 July 1970 - 30 June 1971

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows:

   a.  5th Battalion, 12th Infantry was awarded:
   
* Valorous Unit Award for the period 1 May through 29 June 1970 by Department of the Army General Orders (DAGO) Number 43 of 1972
* RVN Gallantry Cross with Palm Unit Citation for the period 19 June 1968 through 31 July 1970 by DAGO Number 51 of 1971
* RVN Civil Actions Honor Medal 1st Class Unit Citation for the period April 1968 through August 1970 by DAGO Number 51 of 1971

   b.  1st Battalion (Airmobile), 5th Cavalry, 1st Calvary Division (Airmobile) was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 
21 February 1970 through 28 February 1971 by DAGO Number 42 of 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states his Air Medal is not listed on his DD Form 214.

2.  Orders in the applicant's record show he was awarded the Bronze Star Medal and Air Medal, but they are not listed on his DD Form 214.

3.  The quality of the applicant's service is demonstrated by his wartime service, as reflected by his Combat Infantryman Badge, personal decorations, offense free record and exclusively “excellent” conduct and efficiency ratings.  He should be awarded the Army Good Conduct Medal (1st Award).

4.  He is authorized unit awards that are not shown on his DD Form 214.  These are the Valorous Unit Award, two awards of the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal 1st Class Unit Citation.

5.  He earned three bronze service stars for wear on the Vietnam Service Medal, but only two are shown on his DD Form 214.

6.  The above awards should be added to his DD Form 214.

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 (1st Award) for the period 
10 September 1969 through 11 June 1971; 
   
   b.  deleting the previously-awarded Vietnam Service Medal with two bronze service stars from his DD Form 214; and
   
   c.  amending his DD Form 214 to show in addition to the awards listed on his DD Form 214 he is authorized the Bronze Star Medal, Air Medal, Army Good Conduct Medal (1st Award), Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Vietnam Service Medal with three bronze service stars.



      __________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)                                         AR20120000626



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ABCMR Record of Proceedings (cont)                                         AR20120000626



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