IN THE CASE OF:	  

		BOARD DATE:  3 December 2013

		DOCKET NUMBER:  AR20130005377 


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 the Air Medal. 

2.  The applicant states, in effect, the Air Medal is not shown on his DD Form 214.  

3.  The applicant provides General Orders (GO) Number 167, awarding him the Air Medal, and his 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 was inducted into the Army of the United States on 8 July 1964 and he held military occupational specialty 67N (Single Engine Helicopter Repairman). 

3.  He served in Vietnam from on or about 29 November 1965 to on or about 21 June 1966.  He was assigned to the 61st Aviation Company. 

4.  GO Number 3016, issued by Headquarters, U.S. Army, Vietnam (USARV), on 21 May 1966, awarded him the Air Medal for meritorious achievement from 24 February to 28 March 1966.

5.  On 23 June 1966, he was honorably released from active duty at the expiration of his term of service in the rank/grade of specialist four (SP4)/E-4.  He completed 1 years, 11 months, and 16 days of total active service with no time lost.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* Armed Forces Expeditionary Medal (Dominican Republic)
* Aircraft Crewman Badge
* Vietnam Service Medal
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  After his separation, two sets of orders were published as follows: 

* GO Number 4457, issued by Headquarters, USARV on 5 July 1966, awarded him the Air Medal (1st Oak Leaf Cluster) for meritorious achievement from 29 March to 17 May 1966
* GO Number 167, issued by Headquarters, 1st Aviation Brigade, on 
20 August 1966, awarded him the Air Medal (1st Oak Leaf Cluster) for meritorious achievement from 29 March to 17 May 1966

7.  Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

8.  Army Regulation 600-8-22 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:

* Vietnam Defense Campaign, 8 March - 24 December 1965
* Vietnam Counteroffensive, 25 December 1965 - 30 June 1966

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states during his assignment to the 61st Aviation Company, his unit was awarded the Meritorious Unit Commendation, for service from October 1964 to December 1965, based on Department of the Army General Order (DAGO) Number 3, dated 1967.

10.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

11.  There is no derogatory information in the applicant's record to disqualify him from receiving his first award of the Army Good Conduct Medal.  Additionally, his DA Form 20 (Enlisted Qualification Record) shows he received "Excellent" conduct and efficiency ratings during his military service. 

12.  Army Regulation 672-5-1 (Military 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.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant two awards of the Air Medal (the second award was duplicated by USARV and 1st Aviation Group) for his service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  He served a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award. 

3.  He participated in two campaigns while serving in Vietnam that entitles him to two bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

4.  His unit in Vietnam was awarded the Meritorious Unit Commendation.  Additionally, all units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards. 

5.  The applicant served honorably during the period 8 July 1964 through 23 June 1966.  He served in Vietnam, attained the rank/grade of SP4/E-4, and he received all "excellent" conduct and efficiency ratings throughout his service.  There are no derogatory or 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.  Therefore, it would be appropriate at this time to award him Army Good Conduct Medal (1st Award) based on completion of qualifying service ending with the termination of a period of Federal military service and to correct DD Form 214 to show 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:

* deleting from his DD Form 214 the Vietnam Service Medal
* awarding him the Army Good Conduct Medal (1st Award) for the period 8 July 1964 through 23 June 1966
* adding to his DD Form 214 the:

* Air Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Campaign Medal with 1960 Device
* Vietnam Service Medal with two bronze service stars
* Meritorious Unit Commendation
* 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)                                         AR20130005377





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ABCMR Record of Proceedings (cont)                                         AR20130005377



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