IN THE CASE OF:	  

		BOARD DATE:  6 December 2012

		DOCKET NUMBER:  AR20120009420 


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 his induction year as 1967 vice 1968 and awards of the:

* Distinguished Flying Cross
* Air Medal (21st Oak Leaf Cluster)
* Army Good Conduct Medal
* Three bronze service stars to be affixed to the Vietnam Service Medal
* "1960" Device be added to the Republic of Vietnam Campaign Medal
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Action Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar 

2.  He states the awards were either awarded or authorized, but omitted from his DD Form 214 and the date of induction is incorrectly shown as January 1968 instead of January 1967.

3.  The applicant provides certificates showing awards of the:

* DD Form 214
* Letter from the National Personnel Records Center
* DA Form 20 (Enlisted Qualification Record)
* General Orders (GO) and certificate for the Distinguished Flying Cross
* Certificate and citation for the Air Medal (21st Oak Leaf Cluster)
* Extract of Army Regulation 600-8-22 (Military Awards)
* Extract of Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register)
* Discharge orders from the U.S. Army Reserve (USAR)
* Printout of award criteria

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 of the United States on 11 January 1967 and he held military occupational specialty 11B (Light Weapons Infantryman).  Item 29 (Qualification in Arms) of his DA Form 20 shows he qualified:

* Expert with the M-14 Rifle on 23 February 1967
* Marksman with the M-16 Rifle on 6 April 1967
* Sharpshooter with the M-60 Machine Gun on 12 April 1967

3.  He served in Vietnam from 15 June 1967 to 12 June 1968.  He was assigned to the 191st Aviation Company (Assault Helicopter).  While in Vietnam, Headquarters, 1st Aviation Brigade, published the following GO awarding him various awards:

* GO Number 5026, on 18 October 1967, the Air Medal for achievement from 27 July to 21 August 1967
* GO Number 4496, on 10 July 1968, the Air Medal (21st Oak Leaf Cluster) for achievement from 8 January to 7 June 1968
* GO Number 5325, on 5 August 1968, the Distinguished Flying Cross for heroism on 25 January 1968

4.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 20 December 1968 and he was transferred to the USAR Control Group.  He completed 1 year, 11 months, and 10 days of creditable active service with no lost time.  His DD Form 214 shows in:

* Item 10c (Date Inducted) – "11 JAN 68 (11 January 1968)"
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – the 

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Aircraft Crewman Badge
* Air Medal

5.  His DA Form 20 shows in:

* item 38 (Record of Assignments) he received "excellent" conduct and efficiency ratings throughout his military service
* Item 41 (Awards and Decorations) no listing of the Army Good Conduct Medal

6.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified 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 and no convictions by a court-martial.

7.  DA Pamphlet 672-3 shows during his tenure with the 191st Aviation Company (Assault Helicopter) from 15 June 1967 to 12 June 1968, this unit was cited for awards of the:

* Meritorious Unit Commendation for service from 1 January to 31 December 1967, based on DAGO Number 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 22 February 1967 to 17 May 1968, based on DAGO Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 19 December 1966 to 28 June 1969, based on DAGO Number 59, dated 1969

8.  Army Regulation 600-8-22 contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)

9.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) (also known as the Vietnam Campaign Medal) 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. 

10.  Army Regulation 600-8-22 states 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was inducted on 11 January 1967 and he was honorably released from active duty on 20 December 1968.  His DD Form 214 inadvertently listed the year of induction as 1968 vice 1967.  Therefore, he is entitled to correction of his DD Form 214 to show the correct date of induction. 

2.  GO awarded the applicant the Distinguished Flying Cross for heroism.  This award is not listed on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this award.

3.  GO awarded the applicant the Air Medal (21st Oak Leaf Cluster).  Only one award of the Air Medal is shown on his DD Form 214.  Therefore, his
DD Form 214 should be corrected to show all 22 awards (to designate the 21st Oak Leaf Cluster) of the Air Medal. 

4.  GO awarded his unit in Vietnam the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards. 

5.  He was awarded the Vietnam Campaign Medal.  The correct name for this award is the Republic of Vietnam Campaign Medal with "1960" Device.  For clarity, his DD Form 214 should be corrected to show the correct name. 

6.  The applicant was awarded the Vietnam Service Medal.  He also participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

7.  He qualified with three weapon systems as shown on his DA Form 20.  Therefore, he is entitled to correction of his DD Form 214 to show the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

8.  He served honorably from 11 January 1967 through 20 December 1968.  He completed a combat tour in Vietnam, attained the rank/grade of SP4/E-4, received multiple valor awards, and received "excellent" efficiency and conduct ratings throughout his military service.  His records contain no derogatory information on file that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and to correct his records to show this award.

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:

* deleting from item 10c of his DD Form 214 the entry "11 JAN 68" and adding the entry "11 JAN 67"
* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 11 January 1967 through 20 December 1968
* deleting from item 24 of his DD Form 214 the Vietnam Service Medal, Vietnam Campaign Medal, and Air Medal
* adding to item 24 of his DD Form 214 the:

* Distinguished Flying Cross
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with "1960" Device
* Air Medal (22nd Award)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Action Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)



      _______ _  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)                                         AR20120009420



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ABCMR Record of Proceedings (cont)                                         AR20120009420



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