IN THE CASE OF:	  

		BOARD DATE:	  14 November 2013

		DOCKET NUMBER:  AR20130005397 


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 of his awards, including the Army Commendation Medal.

2.  The applicant states all of his awards are not listed on his DD Form 214.  He knows he was awarded the Army Commendation Medal and some other awards, but he can't remember them all.  He knows he received more than what is listed on his DD Form 214.

3.  The applicant provides 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 enlisted in the Regular Army on 26 February 1968.  He successfully completed advanced individual training (AIT) and on 31 July 1968 he was awarded military occupational specialty (MOS) 67N (U-1 Helicopter Repairman).  He served in Vietnam in duty MOS 67N from:

* 2 February to 15 August 1969 while assigned to the 605th Transportation Company
* 16 to 18 August 1969 en route to the 15th Administration Company (Replacement Detachment)
* 19 August 1969 to 3 February 1970 while assigned to Company B, 227th Aviation Battalion, 1st Cavalry Division

3.  He was honorably released from active duty on 27 November 1970 in the rank/grade of specialist five (SP5)/E-5.  He completed 2 years, 9 months, and 2 days of creditable active service with no lost time.

4.  His DD Form 214 shows he was awarded or authorized the:

* Air Medal with 1st Oak Leaf Cluster (or 2nd Award) and "V" Device
* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  His records are void of orders awarding him the Army Commendation Medal.

6.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Army Commendation Medal pertaining to the applicant.

7.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  Item 41 (Awards and Decorations) of his DA Form 20 does not show the Army Commendation Medal.

8.  His records are void of any other derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

9.  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.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  Permanent award of the Basic Aviation Badge to individuals upon successful completion of AIT in career management fields (CMFs) 67 (Aircraft Maintenance) and 93 (Aviation Operations) and to Soldiers who previously completed AIT in CMF 28 (Aviation Communications and Electronic Systems Maintenance).

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 605th Transportation Company was cited for award of the Meritorious Unit Commendation for the period 1 November 1968 through 31 January 1970 in Department of the Army General Orders (DAGO) 51, dated 1971.

12.  Department of the Army Pamphlet 672-3 also shows the 227th Aviation Battalion was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 May 1969 through 1 February 1970 in DAGO Number 11, dated 1973
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation for the period 1 January 1969 through 1 February 1970 in DAGO Number 42, dated 1972

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served honorably from 26 February 1968 to 27 November 1970.  He served in Vietnam, attained the rank of SP5, and he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him this medal and correct his DD Form 214 to show the medal.

2.  DAGO awarded his units in Vietnam the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the periods he was assigned to these units.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  He successfully completed AIT and he was awarded MOS 67N on 31 July 1968.  He served in this MOS throughout his military service.  Therefore, it would be appropriate to award him to the Basic Aviation Badge based on successful completion of AIT and correct his DD Form 214 to show this badge.

4.  With respect to the Army Commendation Medal, the governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which include the Army Commendation Medal.  Regrettably, in the absence of orders, there is insufficient evidence to correct his DD Form 214 to show award of the Army Commendation Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  __X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 26 February 1968 through 27 November 1970
* awarding him the Basic Aviation Badge based on his successful completion of AIT on 31 July 1968
* adding the following awards to his DD Form 214 –

* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Basic Aviation Badge

2.  The Board further determined 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 the Army Commendation Medal.



      ____________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)                                         AR20130005397



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ABCMR Record of Proceedings (cont)                                         AR20130005397



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