IN THE CASE OF:	  

		BOARD DATE:	  10 June 2014

		DOCKET NUMBER:  AR20130017298 


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, in effect, 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 and the Army Commendation Medal (ARCOM).

2.  He states he earned the Air Medal for the period 28 June to 17 July 1969 and the Air Medal (2nd through 18th Oak Leaf Cluster) for the period 21 July 1960 to 24 May 1970.  He states the ARCOM was awarded for the period May 1969 to May 1970.  

3.  He provides: 

* DD Form 214
* Air Medal certificates and citations, dated 3 January and 11 August 1970
* ARCOM certificate and citation, dated 11 April 1970

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 11 June 1968.  He served in the Republic of Vietnam (RVN) from 2 June 1969 to 1 June 1970 and he was assigned to the 147th Aviation Company (Assault Support Helicopter).  

3.  Item 41 (Awards and Decoration) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

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 2 June 1970, 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
* Vietnam Service Medal (VSM) 
* RVN Campaign Medal with Device (1960)

6.  General Orders Number 40, issued by Headquarters, 1st Aviation Brigade, dated 3 January 1970, awarded the applicant the Air Medal for the period
28 June to 17 July 1969. 

7.  General Orders Number 2332, issued by Headquarters, 1st Aviation Brigade, dated 11 April 1970, awarded the applicant the ARCOM for meritorious service during the period the period May 1969 to May 1970. 

8.  General Orders Number 7719, issued by Headquarters, 1st Aviation Brigade, dated 11 August 1970, awarded the applicant the Air Medal (2nd through 18th Oak Leaf Cluster) for the period 21 July 1969 to 24 May 1970.

9.  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.
10.  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.

11.  Appendix B of Army Regulation 600-8-22 states a bronze service star is awarded for wear on the VSM for participation in each campaign.  His records indicate he participated in the following campaigns:

* Tet 69/Counteroffensive (23 February 1969 - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May1970 - 30 June 1970)

12.  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 147th Aviation Company was cited for the RVN Civil Actions Honor Medal First Class by Department of the Army General Orders (DAGO) Number 55, dated 1971 and the RVN Gallantry Cross with Palm Unit Citation by DAGO Number 52, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  General orders verify he was awarded the Air Medal (18th Award) for service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  General orders verify he was awarded the ARCOM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The evidence of record shows he 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 11 June 1968 to 2 June 1970 and correction of his DD Form 214 to show this award.




4.  His DA Form 20 verifies that he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

5.  The evidence of record shows he is entitled to wear the RVN Civil Actions Honor Medal First Class Unit Citation and the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these awards.

6.  The evidence also shows he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show four 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
11 June 1968 to 2 June 1970;

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









   c.  adding to his DD Form 214:

* Air Medal (18th Award)
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20130017298





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ABCMR Record of Proceedings (cont)                                         AR20130017298



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