BOARD DATE:	  22 May 2014

		DOCKET NUMBER:  AR20130016834 


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 with appropriate oak leaf clusters.

2.  He states he flew numerous flights as a door gunner with his unit while in Vietnam.

3.  He provides two supporting statements and his former crew chief's 
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 was inducted into the Army of the United States on
28 November 1966.  He served in the Republic of Vietnam (RVN) from 14 April 1967 to 18 November 1968.  

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

   a.  item 38 (Record of Assignments) he was assigned to:

* Headquarters Company, 53d Signal Battalion, RVN, as a mechanic helper from 19 April 1967 through 26 December 1967
* Company D, 227th Aviation Battalion, 1st Cavalry Division, RVN, as a mechanic helper/door gunner, from 27 December 1967 through 
18 November 1968 
* Casual, enroute to the Continental United States, 19 November 1968

	b.  Item 41 (Awards and Decoration) he was awarded the:  Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  His DA Form 20 also shows he received all "excellent" conduct and efficiency ratings throughout his period of service.  There is no record of any Article 15s, courts-martial, or any type of adverse action in his available records.  There is also no record of a commander's disqualification for the Army Good Conduct Medal (AGCM).

5.  On 19 November 1968, he was honorably released from active duty and he was credited with completing 1 year, 11 months, and 22 days of active duty service.  His DD Form 214 shows:

* National Defense Service Medal
* Army Commendation Medal
* Air Medal
* Vietnam Service Medal (VSM) 
* RVN Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Three overseas bars

6.  General Orders Number 12748, issued by Headquarters, 1st Cavalry Division, dated 1 October 1968, awarded the applicant the Air Medal (1st through 10th Oak Leaf Cluster) for the period 9 March 1968 to 8 August 1968.



7.  He provided two supporting statements:  one from his former crew chief and another one from a fellow comrade.  Both stated that the applicant was assigned to D, Company 227th Aviation Battalion, and as such, he flew on numerous missions.

8.  Army Regulation 600-8-22 (Military Awards) states Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated the AGCM 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 contains the regulatory guidance on the VSM and states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is worn instead of five bronze service stars.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War.  This pamphlet shows the 53d Signal Battalion was cited for the Meritorious Unit Commendation by Department of the Army General Orders (DAGO) Number 17, dated 1968.  It also shows that during the period the applicant was assigned, the 227th Aviation Battalion, 1st Cavalry Division was awarded the RVN Gallantry Cross with Palm Unit Citation by DAGO Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  General orders verify he was awarded the Air Medal (10th Award) for service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The evidence of record shows the applicant received "excellent" conduct and efficiency ratings and he had no adverse actions or commander's disqualification for award of the AGCM.  Therefore, he is entitled to award of the AGCM (1st Award) for the period 28 November 1966 to 19 November 1968 and correction of his DD Form 214 to show this award.

3.  His DA Form 20 verifies that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

4.  The evidence of record shows he is entitled to wear the Meritorious Unit Commendation and the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these awards.

5.  The evidence also shows he participated in six campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show one silver and one bronze service stars for wear on his already-awarded VSM.

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
28 November 1966 to 19 November 1968;

	b.  deleting from his DD Form 214 the Air Medal and Vietnam Service Medal; and 
   
c. adding to his DD Form 214:

* Air Medal (10th Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver and one bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* 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)                                         AR20130016834





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ABCMR Record of Proceedings (cont)                                         AR20130016834



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