IN THE CASE OF:	  

		BOARD DATE:	  29 August 2013

		DOCKET NUMBER:  AR20130001384 


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 add the:

* Basic Aviation Badge (formerly Aircraft Crewmember Badge)
* Air Medal (2nd - 18th Award)
* Air Medal with "V" Device

2.  The applicant states the above referenced awards and badge were not listed on his DD Form 214.

3.  The applicant provides:

* Special Orders (SO) Number 38, dated 7 February 1970
* 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.  The applicant enlisted in the Regular Army on 25 September 1967 and held military occupational specialty 67N (Single Rotor Turbine Helicopter Mechanic).  The highest rank/grade he attained while serving on active duty was specialist five (SP5)/E-5.

3.  SO Number 326, issued by Headquarters, U.S. Army Training Center, Armor, Fort Knox, KY, on 22 November 1967 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  SO Number 81, issued by U.S. Army Aviation School, Fort Rucker, AL, on 
26 March 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam from:

	a.  23 April 1968 to 17 April 1969 and served with the:

* 393rd Transportation Detachment from 26 April 1968 to 15 September 1968
* 128th Assault Helicopter Company from 16 September 1968 to 
1 December 1968
* 574th Transportation Detachment, 3rd Squadron, 17th Calvary Regiment from 2 December 1968 to 14 April 1969

	b.  24 November 1969 to 17 September 1970 and served with Headquarters and Headquarters Company, 3rd Brigade, 1st Calvary Division (Airmobile) from 
2 December 1969 to 13 September 1970.

6.  SO Number 38, issued by Headquarters, 1st Calvary Division (Airmobile), on 7 February 1970, awarded him the Aircraft Crewmember Badge (Basic Aviation Badge).

7.  General Orders (GO) Number 5498, issued by Headquarters, 1st Calvary Division (Airmobile), on 10 April 1970, awarded him the Air Medal with "V" Device for heroism on 3 April 1970.

8.  General Orders (GO) Number 14106, issued by Headquarters, 1st Calvary Division (Airmobile), on 5 August 1970, awarded him the Air Medal (2nd - 18th Awards) for meritorious achievement from November 1967 to August 1970.

9.  He was honorably released from active duty on 18 September 1970 after completing 2 years, 11 months, and 24 days of net active service, of which 1 year, 9 months, and 19 days were credited as foreign service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Air Medal
* Purple Heart
* Bronze Star Medal
* Vietnam Campaign Medal
* Vietnam Service Medal

10.  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.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following seven campaigns:

* Vietnam Counteroffensive, Phase IV (2 April 1968-30 June 1968)
* Vietnam Counteroffensive, Phase V (1 July 1968-1 November 1968)
* Vietnam Counteroffensive, Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February 1969-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)

11.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the:

	a.  The 393rd Transportation Detachment was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 27 March 1967 through 17 May 1968 by DAGO Number 21, dated 1969.

	b.  The 128th Aviation (Assault Helicopter) Company was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 May 1969 through 15 May 1970 by DAGO Number 55, dated 1971.

	c.  Headquarters and Headquarters Company, 3rd Brigade, 1st Calvary Division (Airmobile) was cited for award of the:

* Valorous Unit Award for the period 1 May 1970 through 29 June 1970 by DAGO Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 September 1965 through 30 June 1972 by DAGO Number 54, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 1 February 1970 by DAGO Number 42, dated 1972

12.  DA Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

13.  A review of his service record reveals no derogatory information in the form of nonjudicial punishment or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal during the period 25 September 1976 through 18 September 1970.  He received "excellent" ratings for his conduct and efficiency.  There are also no entries in his record to indicate that his commanders denied him award of the Army Good Conduct Medal during this period of service.  

14.  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.  

DISCUSSION AND CONCLUSIONS:

1.  SO awarded the applicant the Basic Aviation Badge.  Therefore, he is entitled to correction of his DD Form 214 to add this award.

2.  GO awarded him the Air Medal (2nd - 18th Award) and the Air Medal with "V" Device.  Therefore, he is entitled to correction of his DD Form 214 to add these awards.

3.  SO awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to add these badges.

4.  The evidence of record shows he participated in five campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show a silver service star affixed to his previously-awarded Vietnam Service Medal.

5.  GO awarded his unit in Vietnam, the 393rd Transportation Detachment, the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period of his assignment.  Therefore, his entitled to correction of his DD Form 214 to add this unit Award.

6.  GO awarded his unit in Vietnam, the 128th Aviation (Assault Helicopter) Company, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period of his assignment.  Therefore, he is entitled to correction of his DD Form 214 to add this unit award.

7.  GO awarded his unit in Vietnam, Headquarters and Headquarters Company, 3rd Brigade, 1st Calvary Division (Airmobile), the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period of his assignment.  Therefore, he is entitled to correction of his DD Form 214 to add these unit awards.

8.  The applicant served honorably during the period 25 September 1976 through 18 September 1970.  There is no derogatory information in the form of nonjudicial punishment or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his record to indicate that his commander denied him this award and he received “excellent” conduct and efficiency ratings.  It appears he met the criteria for this award.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) and correction of his DD Form 214 to add this award.  


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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 
25 September 1967 through 18 September 1970
* deleting the Air Medal and Vietnam Service Medal from his DD Form 214 and adding the –

* Army Good Conduct Medal (1st Award)
* Air Medal (18th Award) with "V" Device
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)
* Valorous Unit Award
* Basic Aviation Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter 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)                                         AR20130001384



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ABCMR Record of Proceedings (cont)                                         AR20130001384



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