IN THE CASE OF:	

		BOARD DATE:	    16 January 2014

		DOCKET NUMBER:  AR20130008353 


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 Air Medal (AM), Aircraft Crew Member Badge (now called the Aviation Badge), and Army Commendation Medal (ARCOM) (2nd Award).

2.  The applicant states these awards are not listed on his DD Form 214.  He also states that although he was awarded two ARCOMs, only one is listed on his DD Form 214.

3.  The applicant provides:

* AM Certificate and Citation
* General Orders Number 5672 and ARCOM Certificate (1st Oak Leaf Cluster) 

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 23 July 1969, he was inducted into the Army of the United States.  He was awarded military occupational specialty 67N (UH-1 Helicopter Repairman) and was advanced to the rank of specialist four (SP4)/pay grade E-4.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 38 (Record of Assignments), he was assigned to the 
564th Transportation Detachment, 1st Cavalry Division (Air Mobile), performing duties as a helicopter repairman during the period 4 April 1970 to 22 February 1971
* item 38 he received all "excellent" conduct and efficiency ratings throughout his service
* item 41 (Awards and Decorations), he qualified expert with the M-14 rifle and sharpshooter with the M-16 rifle 

4.  On 11 July 1970, Headquarters, 1st Cavalry Division (Air Mobile), Special Orders Number 192 awarded him the Aircraft Crew Member Badge effective 9 June 1970.

5.  On 3 January 1971, Headquarters, 1st Cavalry Division (Air Mobile), General Orders Number 67 awarded him the AM.

6.  On 22 February 1971, Headquarters, 1st Cavalry Division (Air Mobile), General Orders Number 3435 awarded him the ARCOM for meritorious service in connection with ground operations against a hostile enemy force during the period January 1970 through February 1971.

7.  On 25 February 1971, he was honorably released from active duty early as an overseas returnee.  He completed 1 year, 7 months, and 3 days of creditable active service.  His DD Form 214 shows he was credited with service in the Republic of Vietnam (RVN) during the period 18 January 1970 through 25 February 1971.  This form further shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960) 
* ARCOM

8.  On 17 March 1971, Headquarters, 1st Cavalry Division (Air Mobile), General Orders Number 5672 awarded him the ARCOM (1st Oak Leaf Cluster) for meritorious achievement in connection with ground operations against a hostile force during the period 2 December 1970 through 22 February 1971.

9.  A review of his records indicates entitlement to additional awards not listed on his DD Form 214.

10.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the first award of the Army Good Conduct Medal (AGCM) by proper authority.  There are no adverse actions recorded in the available records and there is no evidence of disqualification for the AGCM by his chain of command.

11.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, required that the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial throughout a qualifying period of service for award of the AGCM.  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 of less than 3 years but more than 1 year.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam and states a bronze service star will be awarded for wear on the VSM for participation in each campaign.  During his tour of duty in Vietnam participation credit was awarded for the following campaigns:

* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)
* DA Sanctuary Counteroffensive (1 May-30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)

13.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d, states Department of the Army General Orders Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.


DISCUSSION AND CONCLUSIONS:

1.  Headquarters, 1st Cavalry Division (Air Mobile), General Orders Number 3435 awarded the applicant the ARCOM for meritorious service during the period January 1970 through February 1971.  Further, Headquarters, 1st Cavalry Division (Air Mobile), General Orders Number 5672 awarded him the ARCOM (1st Oak Leaf Cluster) for meritorious achievement during the period 2 December 1970 through 22 February 1971.  Therefore, he is entitled to correction of his DD Form 214 to show the ARCOM (2nd Award).

2.  Headquarters, 1st Cavalry Division (Air Mobile), General Orders Number 67 awarded him the AM.  Therefore, he is entitled to have this medal added to his DD Form 214.

3.  Headquarters, 1st Cavalry Division (Air Mobile), Special Orders Number 192 awarded him the Aircraft Crew Member Badge (currently known as the Aviation Badge).  Therefore, he is entitled to have this badge added to his DD Form 214.

4.  He completed a period of qualifying service ending with the termination of a period of active Federal military service.  Records show he received all "excellent" conduct and efficiency ratings throughout his service.  The fact that he achieved the rank/grade of SP4/E-4 and he was awarded two ARCOMs depicts his actions and service as honorable.  There is no record of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the AGCM.  As such, it appears he was not awarded the first award of the AGCM as a result of an administrative error.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 23 July 1969 through 25 February 1971 and to correct his DD Form 214 to show this award.

5.  He participated in three campaigns during his service in Vietnam that entitles him to three bronze service stars for wear on his already-awarded VSM.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

6.  All units in Vietnam were cited for award of the RVN Gallantry Cross with Palm Unit Citation during his period of assignment.  As such, he is entitled to one award of the RVN Gallantry Cross with Palm Unit Citation and correction of his DD Form 214 to show this unit award.

7.  Records show he qualified expert with the M-14 rifle and sharpshooter with the M-16 rifle.  Therefore, his DD Form 214 should be corrected to show these weapons qualification badges.
8.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below. 

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 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 AGCM (1st Award) for the period 23 July 1969 through 25 February 1971;

	b.  deleting the ARCOM and VSM from his DD Form 214; and

	c.  adding to his DD Form 214 the following awards:

* ARCOM (2nd Award)
* AM
* AGCM (1st Award)
* Aviation Badge
* VSM with three bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* Expert 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)                                         AR20130008353



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ABCMR Record of Proceedings (cont)                                         AR20130008353



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