IN THE CASE OF:	  

		BOARD DATE:	  26 July 2012

		DOCKET NUMBER:  AR20120001245 


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 records to show award of the Air Medal, Army Commendation Medal, and Vietnam Service Medal with two bronze service stars.

2.  The applicant states the awards were announced in general orders; however, they were not recorded on his separation document.

3.  The applicant provides copies of award orders, certificates, and citations, for the Air Medal and the Army Commendation Medal; a page from Army Regulation 672-5-1 (Military Awards); and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 was inducted into the Army of the United States on 21 October 1969.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 30 (Remarks):  Vietnam service from 30 August 1970 to 27 August 1971;

	b.  item 33 (Appointments and Reductions):  he was promoted to specialist five (SP5)/pay grade E-5 with a date of rank of 26 March 1971;

	c.  item 38 (Record of Assignments):

* 281st Aviation Company (Assault Helicopter) from 5 September through 22 November 1970
* 62nd Aviation Company from 23 November 1970 through 24 August 1971

4.  Headquarters, 1st Aviation Brigade, General Orders Number 4950, dated
28 June 1971, awarded the applicant the Air Medal for meritorious achievement from 3 December 1970 to 13 April 1971.

5.  Headquarters, 1st Aviation Brigade, General Orders Number 6234, dated
7 September 1971, awarded the applicant the Army Commendation Medal for meritorious service from September 1970 to September 1971.

6.  The applicant's DD Form 214 shows he was honorably released from active duty on 29 August 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

	a.  he had completed 1 year, 10 months, and 9 days of net active service that included 11 months and 28 days of foreign service; and

	b.  it also shows award of the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle (M-14) Bar
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal

7.  A review of the applicant's military personnel records revealed that he may be authorized additional awards that are not shown on his DD Form 214.

8.  Headquarters, U.S. Army Garrison Troops, Fort Hood, Texas, Special Orders, dated 15 June 1970, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar.

9.  A 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 additional award orders pertaining to the applicant.

10.  A review of the applicant's military service records failed to reveal evidence of any disciplinary actions, adverse information, or commander's disqualification for the Army Good Conduct Medal (1st Award).

   a.  item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service; and 

	b.  a DA Form 137 (Installation Clearance Record), dated 25 August 1971, shows the commanding officer rated the applicant's conduct and efficiency as "excellent."

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

12.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  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.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign; and

	b.  table B-1 contains a list of Vietnam Conflict campaigns and it shows that during the applicant's service in Vietnam participation credit was awarded for the following campaigns:


* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant's assignment to the 281st Aviation Company (Assault Helicopter), the unit was awarded the:

   a.  Republic of Vietnam Gallantry Cross with Gold Star Unit Citation for the period January to December 1970 by Department of the Army General Orders (DAGO) Number 5 (1973); and 

   b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 October 1965 to 11 January 1971 by DAGO Number 6 (1974).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Air Medal, Army Commendation Medal, and Vietnam Service Medal with two bronze service stars.

2.  The evidence of record shows:

	a.  general orders awarded the applicant the Air Medal and the Army Commendation Medal;
	
	b.  special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle (M-14 and M-16) Bars;

	c.  the applicant qualified for award of the Vietnam Service Medal and he served in two campaigns during his service in Vietnam.  Thus, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal; and

	d.  general orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Gold Star Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.  The applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal from 21 October 1969 to 29 August 1971.

   a.  he was promoted to SP5/E-5 with less than18 months of active service;

   b.  he received "excellent" conduct and efficiency ratings during his period of service;

   c.  there is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award); and 

	d.  despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal (1st Award), based on the available evidence it would be appropriate to award the applicant this medal and correct his DD Form 214 to show the award.
   
4.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, 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 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
21 October 1969 to 29 August 1971 (Standard Name Line:  SP5  62nd Aviation Company (Corps), U.S. Army Vietnam);

	b.  deleting from his DD Form 214 the "EXP M-14" and "VSM"; and

	c.  adding to his DD Form 214 the:

* Air Medal
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 2 bronze service stars
* Expert Marksmanship Qualification Badge with Rifle (M-14 and M-16) Bars
* Republic of Vietnam Gallantry Cross with Gold Star 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)                                         AR20120001245



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ABCMR Record of Proceedings (cont)                                         AR20120001245



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