IN THE CASE OF:	   

		BOARD DATE:	  20 December 2012

		DOCKET NUMBER:  AR20120010514


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, the Soldier's Medal, and any other awards to which he is entitled.

2.  The applicant states these awards were omitted from his DD Form 214.

3.  The applicant provides no additional evidence in support of his request.

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 16 September 1968.  He completed training and he was awarded military occupational specialty 67N
(UH-1 Helicopter Repairman).
3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

* Item 31 (Foreign Service) he served in the Republic of Vietnam (RVN) from 25 February 1969 through 23 February 1970
* Item 38 (Record of Assignments) that during his period of service in the RVN he was assigned to the 116th Aviation Company (Assault Helicopter), 1st Aviation Brigade
* Item 38 he received all "excellent" conduct and efficiency rating throughout his service

4.  His record contains general orders issued by Headquarters, 1st Aviation Brigade as follows:

* General Orders Number 6060, dated 21 November 1969, awarded him the Soldier's Medal for heroism not involving actual conflict with an armed enemy force on 17 November 1969
* General Orders Number 1171, dated 26 February 1970, awarded him the Air Medal for meritorious achievement while participating in aerial flight during the period 17 October 1969 to 3 November 1969
* General Orders Number 1882, dated 28 March 1970, awarded him the Army Commendation Medal (ARCOM) for meritorious achievement in connection with military operations against a hostile force during the period 13 January 1970 to 1 February 1970
* General Orders Number 2334, dated 13 April 1970, awarded him the ARCOM for meritorious service in connection with military operations against a hostile force during the period February 1969 to February 1970

5.  On 15 September 1971, he was honorably released from active duty at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 3 years of total active service with no time lost, including 11 months and 29 days of foreign service in the U.S. Army Pacific (USARPAC) theater of operations.  The highest rank/grade he attained was specialist five (SP5)/E-5.  The DD Form 214 he was issued shows award of the:

* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar  (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  There is no evidence of any convictions by courts-martial or nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).  There is also no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

7.  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.

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, 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, the applicant participated in the following three campaigns:

* Tet 69 Counteroffensive, 1969 (23 February 1969 - 8 June 1969)
* Vietnam Summer – Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter – Spring 1970 (1 November 1969 - 30 April 1970)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.

	a.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the Presidential Unit Citation for the period 24 through 26 April 1969 by Department of the Army General Orders (DAGO) Number 21, dated 1978.

	b.  Paragraph 6d states DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Air Medal, the Soldier's Medal, and the two awards of the ARCOM.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  He served honorably from 16 September 1968 to 15 September 1971.  His record shows he received all "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the first award of the Army Good Conduct Medal and to correct his DD Form 214 to show this award.

3.  His DD Form 214 shows the Vietnam Service Medal with two bronze service stars.  However, records show he participated in three campaigns during his service in the RVN that entitles him to three bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show the Vietnam Service Medal with 3 bronze service stars.

4.  The applicant's unit was cited for award of the Presidential Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  All units in the RVN were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his
DD Form 214 should be corrected to show this unit 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:

	a.  deleting from his DD Form 214 the Vietnam Service Medal with two bronze service stars;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
16 September 1968 through 15 September 1971; and

	c.  adding to his DD Form 214 the:

* Soldier's Medal
* Air Medal
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 3 bronze service stars
* 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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20120010514



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