IN THE CASE OF:	  

		BOARD DATE:  2 August 2012

		DOCKET NUMBER:  AR20120001734 


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 show awards of the:

* Air Medal
* Vietnam Service Medal
* National Defense Service Medal
* Vietnam Campaign Medal
* Armed Forces Expeditionary Medal (Dominican Republic)

2.  The applicant states the Army failed to record and maintain records of his accomplishment and service from 1962 to 1965, while in Vietnam and the Dominican Republic.  He has documents for the Air Medal but he never received the award.

3.  The applicant provides his DD Form 214, two letters, and three orders.

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 records show he enlisted in the Regular Army on 26 November 1962 and he held military occupational specialty 67N (UH-1 Helicopter Repairman).  He served in Vietnam from 14 September to 9 November 1965 (1 month and 27 days) while assigned to the 194th Assault Helicopter Company, 1st Cavalry Division.

3.  He was honorably released from active duty on 26 November 1965 in the rank of specialist five (SP5) and transferred to the U.S. Army Reserve.  He completed 3 years and 1 day of creditable active service with no time lost.

4.  The DD Form 214 he was issued shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1).

5.  His record does not contain orders awarding him the Air Medal.

6.  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 United States Army Human Resources Command, failed to reveal orders for the Air Medal pertaining to the applicant.

7.  His records do not contain orders or other documentary evidence that shows he was ever assigned to or served in the Dominican Republic.

8.  Section 2 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received all "excellent" conduct and efficiency ratings throughout his service except for the period from 1 July to 19 August 1963 when he received an "unknown."  His record is void of any record of disciplinary actions or a commander's disqualification for the first award of the Army Good Conduct Medal.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified 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 and no convictions by a court-martial.

10.  The applicant provides:

	a.  Unit Orders Number 10, dated 28 January 1965, issued by 11th Air Assault Aviation Group, Fort Benning, GA, wherein he was awarded the Air Assault Badge.

	b.  A form letter from the Commander, 11th Air Assault Aviation Group, Fort Benning, GA, to the applicant's parents, dated 26 May 1965, wherein it stated, in pertinent part, "No doubt you are concerned about many things as pertains to your relative who is presently on duty in the Dominican Republic."

11.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

	c.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

	d.  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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of his records shows that during his service in Vietnam he participated in one campaign.


	e.  The Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  Service in the Dominican Republic during the period 28 April 1965 to 21 September 1966 was designated as an operation warranting award of this medal.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d states that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Vietnam from 14 September to 9 November 1965 and he participated in one campaign.  Therefore, he is entitled to award of the Vietnam Service Medal with one bronze service star and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and correction of his DD Form 214 to show these awards.

2.  He served during a qualifying period for award of the National Defense Service Medal, which is not shown on his DD Form 214.  Therefore he is entitled to the correction of his DD Form 214 to show this award.

3.  The evidence of record shows he served honorably from 26 November 1962 through 26 November 1965.  He served in Vietnam and received all "excellent" conduct and efficiency ratings throughout his military service except for a 49 day period when he received an "unknown" rating.  His record is void of any disciplinary actions or a commander's disqualification that would have precluded him from receiving the first award of the Army Good Conduct Medal.  Therefore it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

4.  He provides orders that show he was awarded the Air Assault Badge.  Therefore, it would be appropriate to correct his DD Form 214 to show this badge.

5.  With respect to the Air Medal, there is no evidence in his available records that show he was awarded the Air Medal.  The governing Army regulation states that for personal decorations (which include the Air Medal) formal recommendations, approval through the chain of command, and announcement in orders are required.  Regrettably, in the absence of orders, there is insufficient evidence to correct his records to show the Air Medal.

6.  With respect to the Vietnam Campaign Medal, the qualifying criteria for this award requires the Soldier to have served in Vietnam for 6 months.  As the applicant served in Vietnam for 1 month and 27 days, he is not entitled to this award.

7.  With respect to the Armed Forces Expeditionary Medal (Dominican Republic), the evidence of record does not show and the applicant has not provided sufficient evidence that shows he served in the Dominican Republic or the dates of that service.  Regrettably, in the absence of assignment orders or other evidence that conclusively shows he was assigned to the Dominican Republic and the dates of that service, there is insufficient evidence upon which to correct his DD Form 214 to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X ___  ___X____  ___X  ___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 exemplary behavior, efficiency, and fidelity during the period 26 November 1962 through 25 November 1965
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* National Defense Service Medal
* Air Assault Badge

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Air Medal, Vietnam Campaign Medal, and the Armed Forces Expeditionary Medal (Dominican Republic).



      __________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)                                         AR20120001734





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ABCMR Record of Proceedings (cont)                                         AR20120001734



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