IN THE CASE OF:	  

		BOARD DATE:	  28 November 2012

		DOCKET NUMBER:  AR20120007143 


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 award of the Army Commendation Medal, Army Good Conduct Medal, and an unspecified number of Air Medals.

2.  The applicant states he was told he had been awarded the medals but they are not on his DD Form 214 (Report of Separation from Active Duty).  He did not realize the error until he communicated with other members of his former unit.  He has posted a number of photographs on his unit's website that show his combat experience and statements from his former unit commander.

3.  The applicant provides his DD Form 214, a statement from his former unit commander, and an e-mail from a former Soldier.

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 enlisted in the Regular Army on 21 February 1966 for a period of 4 years.  He completed training and he was awarded military occupational specialty 67N (UH Helicopter Repairman).

3.  On 18 July 1967, he accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) for being absent without leave (AWOL) from 3 - 14 July 1967.  

4.  He was reassigned to Vietnam on 7 January 1969.  He arrived in Vietnam on 4 February 1969 and he was assigned to the 92nd Aviation Company (Assault Helicopter) from 13 February 1968 to 3 February 1969.  He was assigned duties as a door gunner and a crew chief.

5.  General Orders Number 3973, issued by Headquarters, 1st Aviation Brigade, dated 13 August 1969, awarded him the basic Air Medal for meritorious achievement while participating in aerial flight from 27 April 1969 to 11 May 1969. His record does not contain orders awarding him any additional awards of the Air Medal.

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

	a.  item 2 (Grade) and 3 (Date of Rank) the entry "SP5 (specialist five)/E-5" and "21 October 1969," respectively;

	b.  item 29 (Qualification in Arms) shows he qualified sharpshooter with the M-14 rifle and expert with the M-16 rifle;

	c.  item 38 (Record of Assignments) he received all "excellent" conduct and efficiency ratings through his service; and

	d.  item 41 (Awards and Decorations) the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal
* two overseas service bars

7.  His record contains a DA Form 137 (Installation Clearance Record), dated
3 February 1970.  This form shows in the Remarks section that his commander rated him as "excellent" in both conduct and efficiency.

8.  The applicant was honorably released from active duty on 5 February 1970 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed
3 years, 11 months, and 3 days of total active service.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) (listed twice)
* Expert Marksmanship Qualification Badge with Pistol Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* two overseas service bars
* Air Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

9.  His record contains a DD Form 215 (Correction to DD Form 214), dated
23 June 2005, that corrected his DD Form 214 for the period ending 5 February 1970 to add the:

* Aircraft Crew Member Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* the Vietnam Service Medal with four bronze service stars

10.  The applicant provided a statement from his former company commander wherein he stated the applicant was awarded the Army Good Conduct Medal, Army Commendation Medal for meritorious service in Vietnam, the basic Air Medal, an Air Medal with "V" Device, and 25 additional Air Medals.  The writer also provided a copy of his own DD Form 214 that shows, among other awards, the Air Medal with numeral 42, Army Commendation Medal, and the Army Good Conduct Medal.

11.  The applicant also provided an email from a former Solider regarding his own experience with the ABCMR.  However, there is no reference to the applicant's own issues.

12.  Aside from the general orders awarding the applicant the basic Air Medal, 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 any additional orders pertaining to the applicant.

13.  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 Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	c.  The Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  At that time, unfavorable consideration was normally noted on the DA Form 20.  A single efficiency rating of less than "excellent" was disqualifying; however, a record of NJP is not automatically disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant received an "excellent" conduct and efficiency rating for the period the included his NJP.  There is no evidence of any further disciplinary actions or a commander's disqualification for award of the first award of the Army Good Conduct Medal.

2.  The applicant distinguished himself by his conduct, efficiency, and fidelity as evidenced by his combat service, exclusive "excellent" conduct and efficiency ratings, personal decoration, and his promotion to the grade of E-5.  Aside from the NJP that was not alone disqualifying, there is no evidence of any other disciplinary actions or indications of disqualifying recommendations.  Therefore, it 

would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.  However, whereas the applicant’s normal qualifying period for this award would be           21 February 1966 through 20 February 1969, he had 12 days of lost time during this period.  Lost time must be made good.  Therefore, he did not complete his   3 years of qualifying service until 4 March 1969, and he should be awarded the Army Good Conduct Medal for the period 21 February 1966 through 4 March 1969.

3.  The applicant's record does not contain any orders for award of the Army Commendation Medal or additional Air Medals.  Without orders to verify the unit commander's statement of the applicant's award of the Army Commendation Medal or the Air Medal with numeral 25 and with "V" Device, there is an insufficient evidentiary basis for adding these awards to the applicant's 
DD Form 214.

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 the applicant the Army Good Conduct Medal (1st Award) for the period 21 February 1966 through 4 March 1969 and adding this award to his DD Form 214.

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 awarding him the Army 

Commendation Medal and additional Air Medals and with "V" Device, and adding these awards to his DD Form 214.



      ____________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)                                         AR20120007143



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ABCMR Record of Proceedings (cont)                                         AR20120007143



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