IN THE CASE OF:	  

		BOARD DATE:	  18 April 2013

		DOCKET NUMBER:  AR20120016763 


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 award of the Army Aviation Badge and the Army Good Conduct Medal.

2.  He states his DD Form 214 should show award of the Army Aviation Badge, and the Army Good Conduct Medal should have been awarded upon his discharge based upon his Enlisted Evaluation Reports.

3.  He provides:

* his DD Form 214
* a narrative description of the various Army Aviation Badges
* criteria for award of the Army Aviation Badge and Army Good Conduct 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 enlisted in the Regular Army on 24 September 1970.

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

	a.  Item 22 (Military Occupational Specialties) he was awarded military occupational specialty (MOS) 35L (Aviation Communication Equipment Repairman) on 11 June 1971.

	b.  Item 27 (Military Education) he completed the Aviation Communication Equipment Repairman Course at the U.S. Army Southeastern Signal School (USASESS) and was awarded MOS 35L in 1971.

	c.  Item 31 (Foreign Service) he served in the Vietnam from 14 July 1971 through 1 April 1972.

	d.  Item 38 (Record of Assignments) he served in Vietnam as an Aviation Communication Equipment Repairman with:

* Headquarters and Headquarters Company, 229th Aviation Battalion, 3rd Brigade (Separate), 1st Cavalry Division (Air Mobile) from 
21 through 28 July 1971
* Company D, 229th Aviation Battalion, 3rd Brigade (Separate), 1st Cavalry Division (Air Mobile) from 28 July 1971 through 1 April 1972

	e.  Item 38 he received all "excellent" conduct and efficiency ratings throughout his service.

	f.  Item 41 (Awards and Decorations) no entry for the Army Good Conduct Medal or the Army Aviation Badge.

4.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

5.  On 21 September 1973, he was honorably released from active duty (REFRAD) and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.  At the time of his REFRAD he had completed 2 years, 11 months, and 28 days of total active service and he held the rank/grade of specialist five (SP5)/E-5.
6.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* First Class Gunner Marksmanship Qualification Badge with Hand Grenade Bar
* One Overseas Service Bar

7.  Item 25 (Education and Training Completed) of his DD Form 214 shows he completed the Aviation Communication Equipment Repairman Course at the USASESS and was awarded MOS 35L in 1971.

8.  Army Regulation 600-8-22 (Military Awards) authorizes permanent award of the Basic Aviation Badge to individuals upon successful completion of advanced individual training (AIT) in career management fields (CMFs) 67 (aircraft maintenance) and 93 (aviation operations) and to Soldiers who previously completed AIT in CMF 28 (aviation communications and electronic systems maintenance).  Permanent award of the Basic Aviation Badge is also authorized for Soldiers holding MOS 35L who graduated from AIT in CMF 67 prior to 30 September 1996.

9.  Army Regulation 672-5-1 (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.

10.  Army Regulation 600-8-22, 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:

* Consolidation I (1 July to 30 November 1971)
* Consolidation II (1 December 1971 to 29 March 1972)
* Vietnam Ceasefire Campaign (29 March 1972 to 28 January 1973)

11.  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 the 229th Aviation Battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January through June 1969 by Department of the Army General Orders (DAGO) Number 54, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention was carefully considered and determined to have merit.

2.  Evidence clearly shows the applicant completed advanced individual training at the USASESS and as a result was awarded MOS 35L on 11 June 1971.  Therefore, he is entitled to permanent award of the Basic Aviation Badge and correction of his DD Form 214 to reflect this badge.

3.  The evidence of record shows the applicant completed a period of honorable service wherein he received all "excellent" conduct and efficiency ratings with no convictions by a court-martial.  Additionally, there is no evidence he was disqualified by his chain of command from receiving 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 24 September 1970 through 21 September 1973 and to correct his DD Form 214 to show this award.

4.  Records show the applicant participated in three campaigns while serving in the RVN.  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.

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

6.  In view of the foregoing, the applicant's records should be corrected as recommended below.

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 from his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
24 September 1970 through 21 September 1973; 

	c.  awarding him the Basic Aviation Badge, effective 11 June 1971; and

	d.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Basic Aviation Badge
* 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)                                         AR20120016763





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120016763



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1