IN THE CASE OF:	  

		BOARD DATE:	  18 September 2012

		DOCKET NUMBER:  AR20120005434 


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 the Air Medal with 3rd Oak Leaf Cluster (4th Award) and the Army Commendation Medal.  

2.  The applicant states the above awards were never added to his DD Form 214.

3.  The applicant provides the following: 

* orders, citation, and certificate for the basic Air Medal
* certificate for Air Medal with 1st Oak Leaf Cluster 
* orders, citation, and certificate for the Air Medal with 2nd Oak Leaf Cluster
* citation and certificate for the Air Medal with 3rd Oak Leaf Cluster
* citation and certificate for the Army Commendation Medal

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 on 27 May 1964 and he was awarded military occupational specialty 67N (UH-1 Helicopter Repairman) upon completion of initial entry training.

3.  His DA Form 20 shows in:

* item 31 (Foreign Service) he served in Vietnam from 17 August 1965 through 19 May 1966 
* item 38 (Record of Assignments) he served with Headquarters and Headquarters Company (HHC), 3rd Brigade, 1st Cavalry Division while in Vietnam
* item 38 he received all "excellent" conduct and efficiency ratings throughout his active duty service 

4.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 900, dated 28 March 1966, awarded him the Air Medal with 3rd Oak Leaf Cluster.

5.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 2133, dated 23 June 1966, awarded him the Army Commendation Medal.

6.  His Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (AGCM) (1st Award).

7.  He was honorably released from active duty on 21 May 1966 in the rank/grade of specialist four/E-4 after completing 1 year, 11 months, and 25 days of active service with no time lost.  His DD Form 214 shows he earned the Vietnam Service Medal and one Overseas Service Bar.

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

	a.  Arabic numerals are now used instead of Oak Leaf Clusters for the second and succeeding awards of the Air Medal.  The Numeral 2 denotes the second award of the Air Medal.

	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.  A bronze service star is authorized with the Vietnam Service Medal for each campaign a member is credited with participating in while in Vietnam.  Appendix B of this regulation shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in two campaigns:

* Vietnam Defense Campaign (8 March - 24 December 1965)  
* Vietnamese Counteroffensive (25 December 1965 - 30 June 1966)

	d.  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.  

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated 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 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.

10.  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 that during his assignment to HHC, 3rd Brigade, 1st Cavalry Division, it was cited for the following unit awards:

* Presidential Unit Citation for the period 23 October-25 November 1965 by Department of the Army General Orders (DAGO) Number 40, dated 1967
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965-19 May 1969 by DAGO Number 59, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  General orders confirm he was awarded the Air Medal with third Oak Leaf Cluster (4th Award).  Arabic numerals are now used instead of Oak Leaf Clusters for the second and succeeding awards of the Air Medal.  Therefore, his DD Form 214 should be corrected to show the Air Medal with Numeral 4.

2.  General orders also show he was awarded the Army Commendation Medal.  This award should also be added to his DD Form 214.

3.  Based on his honorable active service from 27 May 1964 through 21 May 1966 he is authorized the National Defense Service Medal and correction of his DD Form 214 to show this award.

4.  The evidence of record shows he received "excellent" conduct and efficiency ratings throughout his active duty service.  His OMPF is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 27 May 1964 through 21 May 1966 and to correct his DD Form 214 to show this award.

5.  He was awarded the Vietnam Service Medal; however, he participated in two campaign phases during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

6.  Based on his service in Vietnam from 17 August 1965 through 19 May 1966, he is authorized the Republic of Vietnam Campaign Medal with Device (1960) and correction of his DD Form 214 to show this award.

7.  His unit in Vietnam was cited for award of the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should also be corrected to show these unit awards.

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.  deleting the Vietnam Service Medal from his DD Form 214;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
27 May 1964 through 21 May 1966; and

	c.  adding to his DD Form 214 the following:

* Army Commendation Medal
* Air Medal with Numeral 4
* National Defense Service Medal
* Army Good Conduct Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Presidential 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)                                         AR20120005434



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ABCMR Record of Proceedings (cont)                                         AR20120005434



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