IN THE CASE OF:	

		BOARD DATE:	  15 August 2013

		DOCKET NUMBER:  AR20130000513 


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 all missing awards.

2.  The applicant states item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 is missing the following awards:

* Aircraft Crewman Badge
* Army Commendation Medal (ARCOM)
* Air Medal (AM)
* AM (2nd thru 5th Awards)
* Letter of Commendation (dated 28 November 1972)

3.  The applicant provides:

* Letter of Commendation
* four orders
* three certificates
* DD Form 214
* Department Service Office letter, the American Legion, dated 26 September 2001


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's military record shows he enlisted in the Regular Army on 11 December 1970.  He was trained in and awarded military occupational specialty 67N (UH-1 Helicopter Repairman).

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 25 June 1971 through 23 April 1972.  It also shows that he was assigned for duty with the 283rd Medical Detachment during his RVN tour. 

4.  Item 38 of the DA Form 20 shows the applicant received "excellent" conduct and efficiency ratings at each of his active duty assignments.  His record is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

5.  The applicant’s Army Military Human Resource Record (AMHRR) (previously known as the official military personnel file) includes the following general orders (GO) issued by Headquarters, United States Army Vietnam on the dates indicated which announced the awards shown:

* GO #2632, dated 10 September 1971 – AM
* GO #762, dated 9 April 1972 – ARCOM
* Go #1170, dated 27 May 1972 – AM (2nd through 5th Awards)

6.  On 5 October 1973, the applicant was honorably released from active duty (REFRAD) after completing 2 years, 9 months, and 25 days of creditable active duty service.  Item 24 of his DD Form 214 shows he earned the following awards:

* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* RVN Campaign Medal with Device 1960
* Marksman Marksmanship Qualification Badge with Rifle Bar

7.  The applicant also provides a Letter of Commendation dated 28 November 1972.  It shows he was commended for the performance of his duty on 22 November 1972, as "Crew Chief" of the Air Evacuation Team.

8.  The applicant provides a copy of Headquarters, U.S. Army Medical Command, Special Orders #246 dated 3 September 1971.  It announced his award of the Aircraft Crewman Badge (permanent) effective on 26 August 1971.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

   a.  Paragraph 2-13 contains guidance on award of the VSM.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.

   b.  Table B-1 of the awards regulation contains a list of RVN campaigns and shows that during the applicant's tenure of assignment participation credit was granted for the:

* Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971)
* Consolidation I (1 July 1971 to 30 November 1971)
* Consolidation II (1 December 1971 to 29 March 1972)
* Vietnam Cease-Fire (30 March 1972 to 28 January 1973)

   c.  Paragraph 3-15 contains guidance on the AM.  It states, in pertinent part, that it is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  Numerals starting with 2 are used to denote second and subsequent awards of the AM.

10.  Army Regulation 672-5-1 (Awards) 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.


11.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units assigned to the RVN from 8 February 1962 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show missing awards and a Letter of Commendation.  There is sufficient to support granting a portion of relief in this case.

2.  The evidence of record and the evidence provided by the applicant clearly shows he was awarded the ARCOM, five AMs, and the Aircraft Crewman Badge (which is now known as the Aviation Badge), and that each of these awards were announced in official orders.  None of these awards are currently listed on his DD Form 214 and should be added at this time.

3.  The evidence of record confirms the applicant received “excellent” conduct and efficiency ratings at each of his active duty assignments as evidenced by his DA Form 20.  In addition, his AMHRR is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 11 December 1970 through 5 October 1973 and to add this award to his record and DD Form 214 at this time.

4.  Further, based on his RVN service and campaign participation, he is also entitled to the RVN Gallantry Cross with Palm Unit Citation, and four bronze service stars with his already-awarded VSM instead of the two bronze service stars currently listed on his DD Form 214.  Accordingly, these awards should be added to his DD Form 214.

5.  Finally, the applicant is advised that there are no provisions for adding a Letter of Commendation to the DD Form 214.  Therefore, this part of the requested relief should not be granted.









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:

	a.  awarding him the Army Good Conduct Medal for his qualifying honorable service from 11 December 1970 to 5 October 1973;

   b. deleting the Vietnam Service Medal with two bronze service stars from his DD Form 214 and adding the following awards:

* Air Medal with Numeral 5
* Army Commendation Medal
* Army Good Conduct Medal
* Vietnam Service Medal with four bronze service stars
* Aviation Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

   c.  issuing him a correction to his DD Form 214 to reflect these awards.
   
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 adding a Letter of Commendation 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)                                         AR20130000513





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ABCMR Record of Proceedings (cont)                                         AR20130000513



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