IN THE CASE OF:	  

		BOARD DATE:	  18 September 2012

		DOCKET NUMBER:  AR20120003454 


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 award of the:

* Distinguished Flying Cross (DFC) (2nd Award)
* Bronze Star Medal (BSM)
* Air Medal (AM) (1st-42nd Award)
* Army Commendation Medal (ARCOM)
* Army Good Conduct Medal (AGCM) (1st Award)
* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)

2.  He states he was awarded these decorations; however, he does not see any of them on his current DD Form 214.

3.  The applicant provides:

* DD Form 214 for the period ending 27 July 1969
* photograph of an awards display
* Standard Form 160 (Request Pertaining to Military Records)

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 29 March 1968.  He was honorably discharged on 27 July 1969 to accept a warrant officer appointment.  His DD Form 214 for this period shows he was awarded the:

* NDSM
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* "Crewchief Badge"

3.  His record also contains a DD Form 214 for the period ending 30 July 1971.  This document shows he was awarded or authorized the:

* NDSM
* Aircraft Crewmember Badge
* Army Aviator Badge
* VSM
* DFC
* RVN Campaign Medal with Device (1960)
* ARCOM
* AM (1st-42nd Award)
* BSM

4.  His DA Form 66 (Officer Qualification Record) shows:

* he served in Vietnam from 3 September 1969 through 2 September 1970 and was assigned to Company A, 25th Aviation Battalion, 25th Infantry Division
* he was awarded the DFC (2nd Award) by Headquarters, 25th Infantry Division, General Orders Number 6335, dated 6 June 1970

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 (Enlisted Qualification Record) 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.  Discharge from an enlisted status for immediate entry on active duty in an officer status is considered termination of service for awarding the AGCM.  A minimum of 12 months of enlisted service is required and must have been completed for the first award of the AGCM.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 25th Aviation Battalion was awarded the following unit awards during the applicant's period of service in Vietnam:

* RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 5, dated 1973
* RVN Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 51, dated 1971

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

* Vietnam Summer-Fall 1969 – 9 June 1969-31 October 1969
* Vietnam Winter-Spring 1970 – 1 November 1969-30 April 1970
* Sanctuary Counteroffensive – 1 May 1970-30 June 1970
* Vietnam Counteroffensive Phase VII – 1 July 1970-30 June 1971

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the VSM.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's record contains a DD Form 214 for the period ending 30 July 1971.  This document shows he was awarded the BSM, ARCOM, AM 
(1st-42nd Award), RVN Campaign Medal with Device (1960), and NDSM.  As such, there is no error or injustice as it pertains to this portion of his request.  A copy of this DD Form 214 will be provided to him.

2.  General orders awarded him the DFC (2nd Award) and he is entitled to addition of this award to his DD Form 214.

3.  He served honorably from 29 March 1968 through 27 July 1969 and received all "excellent" ratings in conduct and efficiency.  As a result, he is entitled to the first award of the AGCM and addition of this award to his DD Form 214.

4.  His unit was awarded the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation during his period of service.  He is, therefore, entitled to addition of these unit awards to his DD Form 214.

5.  He participated in four designated campaigns during his service in Vietnam.  Therefore, he is entitled to wear four 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:

The Board determined the evidence presented is 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 period 29 March 1968 through 27 July 1969,

	b.  deleting award of the DFC and VSM from his DD Form 214 for the period ending 30 July 1971, and

	c.  adding the following awards to his DD Form 214 for the period ending 30 July 1971:

* DFC (2nd Award)
* AGCM (1st Award)
* VSM with four bronze service stars
* RVN Civil Actions Honor Medal First Class Unit Citation
* RVN 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)                                         AR20120003454



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ABCMR Record of Proceedings (cont)                                         AR20120003454



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