BOARD DATE:	  20 November 2012

		DOCKET NUMBER:  AR20120007966 


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) by adding the Air Medal (AM) (1st through 28th Oak Leaf Cluster).

2.  He states these awards were presented in a group formation and individual achievements were not recognized.  It is vital that his records show he sustained continuous aerial flight time during his military career for his Department of Veterans Affairs healthcare. 

3.  The applicant provides:

* General Orders (GO) Number 4013, dated 23 August 1967
* two AM citations 
* 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 14 September 1965.  After the completion of training, he served in military occupational specialty 67N (Utility Helicopter Repairman).

3.  His DA Form 20 (Enlisted Qualification Record) shows he:

* served in Vietnam from 23 May 1967 through 18 May 1968 and was assigned to the 240th Aviation Company, 1st Aviation Brigade, Vietnam
* received all "excellent" ratings in conduct and efficiency during his military career

4.  The applicant provided GO Number 4013 that show he was awarded the AM for the period 18 June to 8 July 1967.  This award is already listed on his 
DD Form 214. 

5.  His record contains the following orders:

* GO Number 4534, dated 26 September 1967 – AM (1st through 5th Oak Leaf Cluster) for the period 8 July to 19 August 1967
* GO Number 3579, dated 6 June 1968 – AM (6th through 28th Oak Leaf Cluster) for the period 19 August 1967 to 16 April 1968

6.  He was honorably released from active duty on 13 September 1968 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve service obligation.  His DD Form 214 shows he was awarded the following:

* AM
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Aircraft Crewman Badge

7.  His record is void of documentation showing he was recommended for or awarded the first award of the Army Good Conduct Medal (AGCM).  He has no record of nonjudicial punishment (NJP) or court-martial conviction.  


8.  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.  

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the 240th Aviation Company received the following unit awards during the applicant's period of service in Vietnam:

* Meritorious Unit Commendation (MUC) by Department of the Army General Orders (DAGO) Number 37, dated 1970
* RVN Gallantry Cross with Palm Unit Citation by DAGO Number 51, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation by DAGO Number 59, dated 1969

10.  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 Counteroffensive, Phase II, 1 July 1966 - 31 May 1967 
* Vietnam Counteroffensive, Phase III, 1 June 1967 - 29 January 1968 
* TET Counteroffensive, 30 January 1968 - 1 April 1968 
* Vietnam Counteroffensive, Phase IV, 2 April 1968 - 30 June 1968

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

   a.  It states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  
   
   b.  Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the AM.  The numeral 2 denotes the second award of the AM.



DISCUSSION AND CONCLUSIONS:

1.  His record contains orders showing he was awarded the AM (1st through 28th Oak Leaf Cluster).  However, Arabic numerals are now used instead of oak leaf clusters.  Therefore, he is entitled to show the AM with Numeral "29" on his 
DD Form 214, which signifies he received 29 awards of the AM. 

2.  He served honorably from 14 September 1965 through 13 September 1968 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. 

3.  His unit was awarded the following decorations during his period of service in Vietnam.  As a result, he is entitled to addition of these unit awards on his 
DD Form 214:

* MUC
* RVN Gallantry Cross with Palm Unit Citation 
* RVN Civil Actions Honor Medal First Class Unit Citation 

4.  He participated in four designated campaign phases 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 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 period 14 September 1965 through 13 September 1968;

b.  deleting the AM and VSM from his DD Form 214; and 
   c.  adding the following awards to his DD Form 214:

* AM with Numeral "29"
* AGCM (1st Award)
* MUC
* RVN Civil Actions Honor Medal First Class Unit Citation
* RVN Gallantry Cross with Palm Unit Citation
* VSM with four bronze service stars



      _______ _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)                                         AR20120007966





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ABCMR Record of Proceedings (cont)                                         AR20120007966



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