IN THE CASE OF:	  

		BOARD DATE:	  20 August 2013

		DOCKET NUMBER:  AR20130001635 


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 Commendation Medal (ARCOM) with First Oak Leaf Cluster (hereafter referred to as 2nd Award) for meritorious service in the Republic of Vietnam (RVN).

2.  The applicant states the ARCOM (2nd Award) was not listed on his 
DD Form 214.

3.  The applicant provides copies of:

* DD Form 214
* Certificate for award of the ARCOM (2nd Award) for meritorious service, dated 26 March 1971

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.  On 16 May 1969, the applicant was inducted into the Army of the United States.

3.  On 18 May 1970, the applicant departed Fort McClellan, Alabama for duty in the RVN.

	a.  On 10 July 1970, he was assigned for duty as a helicopter repairman with the 62nd Aviation Company, 212th Aviation Battalion, 1st Aviation Brigade.

	b.  On 18 January 1971, he was promoted to specialist five, pay 
grade E-5.

	c.  General Orders Number 2525, dated 26 March 1971 announced the applicant's award of the ARCOM (2nd Award) for meritorious service during the period November 1970 to May 1971.

4.  On or about 13 April 1971, the applicant departed Vietnam and returned to the United States.

5.  On 13 April 1971, the applicant was released from active duty.  He had completed 1 year, 10 months, and 28 days of creditable active duty service.

6.  The applicant's DD Form 214 indicates that he received the following awards:

* National Defense Service Medal
* Vietnam Service Medal  
* Air Medal
* RVN Campaign Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

7.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were “excellent.”  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends 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.  

9.  Appendix B of Army Regulation 600-8-22, states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  It further shows that based on the applicant's dates of service in the RVN, he participated in the Vietnam Counteroffensive, Phase VII.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 212th Aviation Battalion was cited in Department of the Army General Orders (DAGO) Number 6, dated 1974, for award of the RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the ARCOM (2nd Award) for meritorious service in the RVN.

2.  General orders show that the applicant was awarded the ARCOM (2nd Award) for meritorious service while in the RVN.  Therefore, this medal should be shown on his DD Form 214.

3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist five, receiving a personal decoration, and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an AGCM for his service was an oversight.  Accordingly, he should be awarded the AGCM (1st Award) for the period 16 May 1969 through 13 April 1971.

4.  Records show that the applicant participated in one campaign period during his service in the RVN.  Therefore, he is eligible for award of a bronze service star to be affixed to his already-awarded Vietnam Service Medal.

5.  Records show that the applicant’s unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this foreign unit award.






BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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.  awarding him the Army Good Conduct Medal (1st Award) for the period 
16 May 1969 to 13 April 1971;

	b.  deleting from his DD Form 214 the Vietnam Service Medal; and

	c.  adding to his DD Form 214:

* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal
* Vietnam Service Medal with one bronze service star
* 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)                                         AR20130001635





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ABCMR Record of Proceedings (cont)                                         AR20130001635



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