IN THE CASE OF:	  

		BOARD DATE:	  10 July 2012

		DOCKET NUMBER:  AR20120001149 


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 add the Bronze Star Medal (BSM) (2nd Award) and the Air Medal (AM) (13th Award).

2.  The applicant states these awards were not added to his DD Form 214 when he was released from active duty.

3.  The applicant provides:

* General Orders (GOs) Number 2476, dated 19 March 1969
* GOs Number 4561, dated 12 May 1969
* Two certificates and citations for award of the BSM 
* GOs Number 5693, dated 5 November 1969
* GOs Number 5764, dated 2 July 1970
* Two certificates and citations for award of the AM

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 enlisted in the Regular Army on 16 November 1967.  He was awarded military occupational specialty (MOS) 36K (Wireman) and was later awarded secondary MOS 67A (Apprentice Aircraft Mechanic).  The highest rank/grade he attained while serving on active duty was Specialist Four/
E-4.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam with:

* Headquarters and Headquarters Company, 1st Battalion (Airborne), 501st Infantry Regiment from 24 April 1968 to 26 April 1969
* 282nd Aviation Company from 27 April 1969 to 5 July 1970

4.  GOs Number 2476, issued by Headquarters, 101st Airborne Division, Vietnam, on 19 March 1969, awarded him the BSM (1st Award).

5.  GOs Number 4561, issued by Headquarters, 101st Airborne Division, Vietnam, on 12 May 1969, awarded him the BSM (2nd Award).

6.  GOs Number 5693, issued by Headquarters, 1st Aviation Brigade, Vietnam, on 5 November 1969, awarded him the AM (1st Award).

7.  GOs Number 5764, issued by Headquarters, 1st Aviation Brigade, Vietnam, on 2 July 197069, awarded him the AM (2nd through 13th Award).

8.  He was honorably released from active duty on 5 July 1970.  His DD Form 214 shows he completed 2 years, 7 months, and 18 days of net active service, of which 2 years, 2 months, and 11days was credited as foreign service, and 2 days of lost time (due to being absent without leave (AWOL)).  His DD Form 214 further shows he received the:

* National Defense Service Medal
* Aircraft Crewmember Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Four overseas service bars
9.  Army Regulation 600-8-22 (Military Awards), 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, and a silver service star is authorized in lieu of five bronze service stars to be worn on the appropriate campaign medal.  Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns:

* Vietnam Counteroffensive, Phase IV, 2 April 1968 - 30 June 1968
* Vietnam Counteroffensive, Phase V, 1 July 1968 - 1 November 1968
* Vietnam Counteroffensive, Phase VI, 2 November 1968 - 22 February 1969
* TET 69 Counteroffensive, 23 February 1969 - 8 June 1969
* Vietnam Summer - Fall 1969, 9 June 1969 - 31 October 1969

10.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his service with 1st Battalion (Airborne), 501st Infantry Regiment, in Vietnam this unit was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation, 20 July 1965 - 28 March 1973, based on DAGO 8, 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation,
18 March 1968 - 2 May 1970, based on DAGO 48, 1971

11.  A review of his service record shows 2 days of lost time due to AWOL but no other derogatory information in the form of nonjudicial punishment (NJP) or suspension of favorable personnel actions is in his records.  He received "excellent" ratings for his conduct and efficiency.  

12.  Army Regulation 672-5-1 states 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 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.



DISCUSSION AND CONCLUSIONS:

1.  GOs awarded him the BSM (2nd Award) and the AM (13th Award); therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  The evidence of record shows he participated in five campaigns while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show one silver service star affixed to his previously-awarded Vietnam Service Medal.

3.  GOs awarded his unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit in Vietnam.  Therefore, he is entitled to have his DD Form 214 corrected to show these unit awards.

4.  He served honorably during the period 16 November 1967 through 5 July 1970, receiving “excellent” conduct and efficiency ratings.  Aside from 2 days of AWOL, his records do not contain any derogatory information in the form of NJP or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his record to indicate that his commander denied him this award.  It appears he met the criteria for this award.  Therefore, he is entitled to award of the Army Good Conduct Medal and correction of his DD Form 214 to show it.

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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 
16 November 1967 through 5 July 1970
* adding to his DD Form 214:  

* Army Good Conduct Medal (1st Award)
* Bronze Star Medal (2nd Award)
* Air Medal (13th Award)
* 1 silver service star to be affixed to his previously-awarded Vietnam Service Medal 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* 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)                                         AR20120001149





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ABCMR Record of Proceedings (cont)                                         AR20120001149



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