IN THE CASE OF:	   

		BOARD DATE:	  29 April 2014

		DOCKET NUMBER:  AR20130015521 


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 (First Through Fifth Oak Leaf Cluster) (currently known as the Air Medal with Numeral "6").  

2.  He states no contentions.  

3.  He provides a citation and certificate for award of the Air Medal (First through Fifth 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.  The applicant enlisted in the Regular Army on 29 September 1966.  The highest rank/grade he attained was specialist five (SP5)/E-5.

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

   a.  Item 31 (Foreign Service) he served in Vietnam from 21 September 1967 to 8 May 1969.  
   
   b.  Item 38 (Record of Assignments) he was assigned to Battery A, 1st Battalion, 83rd Artillery from 23 September 1967 to 6 November 1968 and the 170th Aviation Company from 7 November 1968 to 5 May 1969.
   
   c.  Item 38, he received all "excellent" conduct and efficiency ratings throughout his service.

4.  He provided a citation and certificate for award of the Air Medal (First through Fifth Oak Leaf Cluster) for meritorious achievement during the period 28 November 1968 to 13 March 1969.

5.  He was honorably released from active duty on 8 May 1969 in the rank of SP5.  He completed 2 years, 7 months, and 10 days of active service with no time lost.  His service record does not contain a commander's disqualification for the first award of the Army Good Conduct Medal.

6.  His DD Form 214 shows award of the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal
* Three Overseas Service Bars
* Air Medal
* Aircraft Crewmember Badge

7.  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 Military Awards Branch of the U.S. Army Human Resources Command, revealed he was awarded the Air Medal (First Through Fifth Oak Leaf Cluster) by Headquarters, 1st Aviation Brigade, General Orders Number 1759, dated 17 April 1969.  


8.  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.

9.  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 83rd Artillery was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 November 1966 to 30 April 1968 by Department of the Army General Order Number 51, dated 1971.

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the Vietnam Counteroffensive Phase III, Tet Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and Tet 69/Counteroffensive campaigns.

11.  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 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the basic award of the Air Medal in December 1968 and this award is recorded on his DD Form 214.

2.  General orders show he was awarded the Air Medal (First Through Fifth Oak Leaf Cluster), indicating the sixth award of the Air Medal.  Therefore, his DD Form 214 should be amended to reflect the Air Medal with Numeral "6."


3.  His unit in Vietnam was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  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.

4.  He participated in six campaign phases during his service in Vietnam.  Therefore, he is entitled to one silver service star and one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  His service record does not show he was disqualified from receiving the first award of the Army Good Conduct Medal for the period 29 September 1966 through 8 May 1969.  He was promoted to SP5/E-5 and he received all "excellent" conduct and efficiency ratings throughout his service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 29 September 1966 through 8 May 1969 and his DD Form 214 should be corrected 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:

   a.  deleting the Air Medal and Vietnam Service Medal from his DD Form 214;
   
   b.  awarding him the Army Good Conduct Medal (1st Award) for the period 29 September 1966 through 8 May 1969; and
   
   
   
   c.  amending his DD Form 214 by adding award of the Air Medal with Numeral "6," Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Vietnam Service Medal with one silver service star and one bronze service star, and Army Good Conduct Medal (1st Award).  



      _______ _   _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)                                         AR20130015521





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ABCMR Record of Proceedings (cont)                                         AR20130015521



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