IN THE CASE OF:	  

		BOARD DATE:	  1 May 2014

		DOCKET NUMBER:  AR20130015194 


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 Distinguished Flying Cross (DFC) and several "V" devices that are not reflected.  (This portion is interpreted to mean that service stars or other devices were omitted from awards listed on his DD Form 214).

2.  The applicant states he believes these awards were left off at the time of his processing out of the Army.

3.  The applicant provides:

* DD Form 214
* General Orders (GO) Number 1533, dated 5 April 1967 (DFC)
* DA Form 20 (Enlisted Qualification Record)

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 25 May 1965, the applicant was inducted into the Army of the United States.  He completed his initial training and was subsequently assigned for duty in the Republic of Vietnam (RVN).

	a.  On 8 April 1966, he was assigned as a clerk typist with Headquarters Battery, 6th Battalion, 56th Artillery Regiment.

	b.  On 7 November 1966, he was assigned as a door gunner with the 334th Aviation Company.

3.  On 3 April 1967, the applicant departed the RVN.  He was released from active duty on 5 April 1967 and transferred to the U.S. Army Reserve.  His DD Form 214 shows his awards as:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Commendation Medal
* Aircraft Crewman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Air Medal with 8th Oak Leaf Cluster

4.  General Orders Number 1533, Headquarters, U.S. Army Vietnam, dated 5 April 1967, as provided by the applicant and filed in his records, announced his award of the Distinguished Flying Cross for heroism while participating in aerial flight.

5.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that his conduct and efficiency ratings were "excellent."  The applicant's records do not contain any evidence of disciplinary action.  There is no evidence showing that the commander took any action to deny him the Army Good Conduct Medal.

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

	a.  The 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.

	b.  Appendix B states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  It further shows that based on the applicant's dates of service in the RVN, he participated in the following two campaigns:

* Vietnam Counteroffensive
* Vietnam Counteroffensive Phase II

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This publication shows that the 6th Battalion, 56th Artillery Regiment and the 334th Aviation Company, during the time of the applicant's assignment, were cited in Department of the Army General Orders (DAGO) for awards as follows:

* DAGO Number 17, dated in 1968 for the Meritorious Unit Commendation for both the 6th Battalion and DAGO Number 48, dated in 1968 for the 334th Aviation Company (two awards)
* DAGO Number 17, dated in 1968 for the Valorous Unit Award for the 334th Aviation Company
* DAGO Number 22, dated in 1968 for the RVN Gallantry Cross with Palm Unit Citation for the 334th Aviation Company

8.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends 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.  General orders announced the applicant's award of the DFC.  Therefore, this medal should be shown on his DD Form 214.

2.  The applicant's records clearly show that he distinguished himself in the performance of his military service as evidenced by his receiving multiple personal decorations and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

3.  Records show that the applicant's units were awarded the MUC (twice), the VUA, and the RVN Gallantry Cross with Palm Unit Citation.  Therefore, these awards should be shown on his DD Form 214.

4.  Records show that the applicant participated in two campaign periods during his service in the RVN.  Therefore, he is eligible for award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  Records show that the applicant was awarded the RVN Campaign Medal with 1960 Device.  This should be shown on his DD Form 214.

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 him the Army Good Conduct Medal (1st Award) for the period 25 May 1965 to 5 April 1967;

	b.  deleting award of the Vietnam Service Medal and Vietnam Campaign Medal from his DD Form 214; and

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

* Distinguished Flying Cross
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Valorous Unit Award
* Meritorious Unit Commendation (2nd Award)


* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)



      ___________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)                                         AR20130015194



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ABCMR Record of Proceedings (cont)                                         AR20130015194



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