IN THE CASE OF: 

		BOARD DATE:	    17 April 2014

		DOCKET NUMBER:  AR20130013625 


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.

2.  The applicant states he served in the Republic of Vietnam (RVN) and was awarded the Army Commendation Medal; however, the award is not entered on his DD Form 214.

3.  The applicant provides a copy of the award orders.

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 6 January 1965.  Upon completion of training, he was awarded military occupational specialty (MOS) 67N (Single Engine - Single Rotor Helicopter Mechanic).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

a. item 31 (Foreign Service):  Vietnam from 18 September 1965 through 
21 September 1966;

	b.  item 33 (Appointments and Reductions) that he was promoted to specialist five (SP5)/pay grade E-5 on 1 September 1966;

	c.  item 35 (Record of Assignments):

* Aviation Company, 6th Special Forces Group, 1st Special Forces,
1st Cavalry Division, from 30 September 1965 through 24 April 1966
* Company B, 227th Aviation Battalion (Assault Helicopter), 1st Cavalry Division (Airmobile), from 25 April 1966 through 20 September 1966

4.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 2426, dated 18 July 1966, awarded the applicant the Army Commendation Medal for meritorious service in the RVN from 15 September 1965 to 20 June 1966.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 5 January 1968.

	a.  He had completed 3 years of total active service during this period that included 1 year and 4 days of foreign service.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the:

* Vietnam Service Medal with two bronze service stars
* National Defense Service Medal
* RVN Campaign Medal with Device (1960)
* Air Medal





6.  A review of the applicant's military personnel records reveals he may be entitled to additional awards that are not shown on his DD Form 214.

   a.  Headquarters, 5th Infantry Division (Mechanized), Fort Carson, CO, Special Orders Number 130, dated 10 May 1967, awarded the applicant the Expert Marksmanship Qualification Badge with (M-14) Rifle Bar.

   b.  Item 38 of the applicant's DA Form 20 shows he received "Excellent" conduct and efficiency ratings throughout his military service.

    	(1)  The applicant received nonjudicial punishment for failing to go at the time prescribed to his appointed place of duty (i.e., reveille formation) on 1 July 1967.

    	(2)  A review of the applicant's military personnel records failed to reveal evidence of any other disciplinary actions or adverse information.
   
    	(3)  This review also failed to reveal a recommendation from the immediate commander for award of the Army Good Conduct Medal.

7.  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.  There must have been no convictions by a court-martial.  

8.  Military Personnel (MILPER) message number 00-138 (date/time group 101221Z April 2000) changed the name of the Aircraft Crew Member Badge to the Aviation Badge and changed the criteria for award of the Basic, Senior, and Master Aviation Badges.  The Basic Aviation Badge may be permanently awarded based on several criteria.

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  Paragraph 8-28 (Basic Aviation Badge - formerly Aircraft Crew Member Badge) authorizes permanent award of the Basic Aviation Badge to Soldiers upon successful completion of advanced individual training (AIT) in career management field (CMF) 67 (aircraft maintenance) and CMF 93 (aviation operations), and to Soldiers who previously completed AIT in CMF 28 (aviation communications and electronic systems maintenance).

	b.  Paragraph 2-13 states a bronze service star is authorized with award of the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.

	c.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns:

* Vietnam Defense Campaign (8 March - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It shows the 227th Aviation Battalion (Assault Helicopter), 1st Cavalry Division (Airmobile), was cited for award of the:

* Meritorious Unit Commendation for the period September 1965 to November 1966 in Department of the Army General Orders (DAGO) Number 17 (1968)
* RVN Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 in DAGO Number 59 (1969)

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the Army Commendation Medal.

2.  The evidence of record shows:

   a.  general orders awarded the applicant the Army Commendation Medal;

   b.  special orders awarded him the Expert Marksmanship Qualification Badge with (M-14) Rifle Bar;

   c.  the applicant successfully completed AIT in CMF 67 (MOS 67N).  Thus, he qualified for award of the Basic Aviation Badge;
   
	d.  the applicant qualified for award of the Vietnam Service Medal and he participated in three campaigns during his service in Vietnam.  Thus, he is authorized three bronze service stars for wear on his already-awarded Vietnam Service Medal;

	e.  general orders awarded the applicant's unit the following unit awards during his period of assignment:

* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation

3.  The applicant served a period of continuous, honorable active duty enlisted service from 6 January 1965 through 5 January 1968.

	a.  He received nonjudicial punishment on one occasion.  There is no evidence of any other disciplinary actions, adverse information, or a commander's disqualification for the first award of the Army Good Conduct Medal.

	b.  He was promoted to specialist five/E-5 and he received all "excellent" conduct and efficiency ratings during his service.

	c.  He was awarded the Army Commendation Medal for meritorious service in the RVN from 15 September 1965 to 20 June 1966.

   d.  Based on the available evidence, it would be appropriate at this time to award the applicant the Army Good Conduct Medal (1st Award) for the period 6 January 1965 through 5 January 1968.

4.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.

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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 6 January 1965 through 5 January 1968 (Standard Name Line:  SP5  283rd Aviation Company, Fort Carson, CO  80913);

	b.  deleting the "Vietnam Service Medal w/2 Bronze Service Stars" from item 24 of his DD Form 214; and

	c.  adding the following awards to item 24 of his DD Form 214:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Basic Aviation Badge
* Expert Marksmanship Qualification Badge with (M-14) Rifle Bar
* 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)                                         AR20130013625



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ABCMR Record of Proceedings (cont)                                         AR20130013625



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