IN THE CASE OF:	  

		BOARD DATE:	  3 September 2013

		DOCKET NUMBER:  AR20130002331 


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 his award of the Air Medal (AM).

2.  The applicant states he was awarded the AM in general orders and it should be listed on his DD Form 214.

3.  The applicant provides copies of his:

* AM orders
* 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's record shows he enlisted in the Regular Army on 8 November 1966.  He was trained in and awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) with Company D, 2nd Battalion, 501st  Infantry Regiment from 14 December 1967 to 7 December 1968.  Item 38 (Record of Assignments) shows he received "excellent" conduct and efficiency ratings in each of his active duty assignments.

4.  Item 41 (Awards and Decorations) of the DA Form 20 does not include the AM among its list of awards.  It does show the applicant qualified “expert” with the 81mm mortar and “sharpshooter” with the M16 rifle.

5.  The applicant's Army Military Human Resource Record (AMHRR) (previously known as the Official Military Personnel File) 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).

6.  His AMHRR includes Headquarters, 101st Airborne Division, General Orders Number 1135, dated 31 January 1969, announcing his award of the AM with first Oak Leaf Cluster (OLC) for meritorious achievement while participating in aerial flight in the RVN on 29 April 1968.

7.  The applicant was honorably released from active duty on 25 August 1969 after completing 2 years, 9 months, and 18 days of creditable active military service.  His DD Form 214 shows he earned the following awards:

* National Defense Service Medal
* Vietnam Service Medal (VSM) with 2 bronze service stars
* RVN Campaign Medal with Device (1960)
* Parachutist Badge
* Combat Infantryman Badge
* two overseas service bars
* Marksman Marksmanship Qualification Badge with M14 Rifle and 
.45 Caliber Pistol Bars

8.  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 and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  A silver service star is used to denote 5 bronze service stars.

	b.  Table B-1 contains a list of campaigns and shows that during the applicant's service in the RVN, participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive Phase III
* Tet Counteroffensive
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI

   c.  Paragraph 3-15 contains guidance on the AM.  The version of the awards regulation in effect at the time the applicant served provided for awarding an OLC to denote the second and subsequent awards of the AM.  Under current regulatory guidance, Numerals starting with 2 are used to denote second and subsequent awards of the AM.

9.  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 the 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.

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's service in the RVN, his unit (2nd Battalion, 501st Infantry Regiment) was awarded the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal with First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s record contains general orders confirming he was awarded the AM with OLC by the appropriate award authority.  This award is not currently reflected on his DD Form 214 and should be added to his DD Form 214 at this time.

2.  The evidence of record confirms the applicant received "excellent" conduct and efficiency ratings at all of his active duty assignments and his record is void of a unit commander's disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award the applicant the first award of the AGCM for his qualifying period of honorable active duty service from 8 November 1966 through 25 August 1969 and to add this award to his record and DD Form 214.

3.  Entries contained on the applicant’s DA Form 20 confirm he earned the Expert Marksmanship Qualification Badge with 81mm Mortar Bar and the Sharpshooter Marksmanship Qualification Badge with M16 Rifle Bar.  These qualification badges are not currently listed on his DD Form 214 and should be added at this time.

4.  The evidence of record further confirms that based on the applicant's RVN service with his unit, he is entitled to the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation and a silver service star (to denote five bronze service stars) to be affixed to his already-awarded VSM instead of two.  Therefore, his DD Form 214 should be corrected to show these awards.

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.  awarding the applicant the AGCM for his qualifying period of honorable service from 8 November 1966 through 25 August 1969 and


	b.  amending DD Form 214 by deleting the Vietnam Service Medal with 2 bronze service stars and adding the:

* Air Medal with Numeral 2
* Army Good Conduct Medal
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
* Expert Marksmanship Qualification Badge with 81mm Mortar Bar
* Sharpshooter Marksmanship Qualification Badge with M16 Rifle Bar



      __________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)                                         AR20130002331



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ABCMR Record of Proceedings (cont)                                         AR20130002331



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