BOARD DATE:	  4 September 2012

		DOCKET NUMBER:  AR20120002564 


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 to add the following awards to item 24 of his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):

* Army Good Conduct Medal (AGCM) (1st Award)
* Armed Forces Expeditionary Medal (AFEM)

2.  He states the awards were omitted from his DD Form 214 at the time of his honorable discharge.  He also served 13 months in Korea prior to his tour in Vietnam which entitles him to the AFEM. 

3.  He provides a copy of his DD Form 214.  

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.  He enlisted in the Regular Army on 6 June 1966.  After completion of training, he was awarded military occupational specialty 71P (Flight Operations Coordinator).  

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows:

* he served in Korea from 18 October 1966 through 17 November 1967
* he served in Vietnam from 14 August 1968 through 26 May 1969 and was assigned to Headquarters and Headquarters Company (HHC), 227th Aviation Battalion, 1st Cavalry Division (Airmobile) during his tour

4.  He was honorably released from active duty on 28 May 1969.  His 
DD Form 214 for this period indicates he was awarded the:

* National Defense Service Medal 
* Vietnam Service Medal (VSM)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Air Medal
* Army Commendation Medal
* Presidential Unit Citation
* Meritorious Unit Commendation

5.  His record is void of documentation showing he was recommended for or awarded the first award of the AGCM.  He has no record of nonjudicial punishment (NJP) or court-martial conviction.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all “excellent” ratings in conduct and efficiency. 

6.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was 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.  

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  It shows that during his assignment to HHC, 227th Aviation Battalion, his unit received the:

* Valorous Unit Award (VUA) on 6 March 1969 by Department of the Army General Orders (DAGO) Number 39, dated 1970
* RVN Gallantry Cross with Palm Unit Citation for the periods 9 August 1965 to 19 May 1969 and May 1969 to February 1970 by DAGO Numbers 59 and 11, dated 1969 and 1973, respectively
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 1January 1969 to 1 February 1970 by DAGO Number 42, dated 1972

8.  Department of the Army Pamphlet 672-3 also lists the campaign periods for the Vietnam era.  Three designated campaigns coincide with the applicant's period of service: 

* Vietnamese Counteroffensive Phase V, July - 1 November 1968
* Vietnamese Counteroffensive Phase VI, 2 November 1968 - 22 February 1969
* Tet 69/Counteroffensive, 23 February - 8 June 1969

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

   a.  A bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  

   b.  The AFEM is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance to friendly foreign nations.  The designated period of eligibility for service in Korea is 1 October 1966 to 30 June 1974.

	c.  The Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms he served honorably during the period 
6 June 1966 through 28 May 1969.  He received all "excellent" conduct and efficiency ratings throughout his military service.  Based on his overall record of service, it would be appropriate to award him the first award of the AGCM and to correct his records to reflect this award.

2.  His records show he served in Korea during periods of eligibility for award of the AFEM and the KDSM; as such, he is entitled to add these awards to his 
DD Form 214. 

3.  During his tour of duty in Vietnam, general orders awarded HHC, 227th Aviation Battalion the VUA, RVN Civil Actions Honor Medal First Class Unit Citation, and two awards of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show these unit awards.

4.  He participated in three designated campaign phases during his service in Vietnam.  Therefore, he is entitled to wear three bronze service stars on his VSM.

BOARD VOTE:

__x______  __x______  _x___  GRANT FULL RELIEF 

________  ________  ________  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 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 6 June 1966 through 28 May 1969; 
   
   b.  deleting the VSM from his DD Form 214; and

	c.  adding the following awards to his DD Form 214:

* AGCM (1st Award)
* AFEM
* KDSM
* VUA
* RVN Civil Actions Honor Medal First Class Unit Citation

* two awards of the RVN Gallantry Cross with Palm Unit Citation
* VSM with three bronze service stars

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20120002564





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ABCMR Record of Proceedings (cont)                                         AR20120002564



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