IN THE CASE OF

		BOARD DATE:	  7 August 2014

		DOCKET NUMBER:  AR20130020604 


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 "V" Device.

2.  The applicant states, on 25 May 1970, he was awarded the Air Medal for his heroism on 26 March 1970 in the Republic of Vietnam.  This was his second award of the Air Medal; however, it is not recorded on his DD Form 214.

3.  The applicant provides a copy of General Orders Number 4213, issued by Headquarters, 1st Aviation Brigade on 25 May 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 U.S. Army on 26 August 1968.  He completed training and was awarded military occupational specialty 13E (Field Artillery Operations and Intelligence Assistant).

3.  On 6 August 1969, he was promoted to specialist four (SP4)/E-4.

4.  His DA Form 20 (Enlisted Qualification Record) contains the following entries:

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

* Headquarters and Headquarters Battery (HHB), 54th Artillery Group attached to Bien Hoa Brigade Tactical Operations Center, from 21 May 1969 through 16 October 1969
* HHB, 5th Battalion, 42nd Artillery, from 17 October through 31 October 1969
* 162nd Aviation Company (Assault Helicopter) on 1 November 1969

   b.  item 41 (Awards and Decorations) shows he was awarded or authorized the following awards and decorations:

* National Defense Service Medal
* Vietnam Service Medal
* Army Commendation Medal (ARCOM)
* Air Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Aircraft Crewman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 
* one overseas service bar

5.  General Orders Number 6556, issued by Headquarters, 1st Aviation Brigade on 16 December 1969, awarded him the Air Medal for meritorious achievement in the Republic of Vietnam from 8 November through 24 November 1969.

6.  General Orders Number 3875, issued by Headquarters, U.S. Army Vietnam on 14 October 1969, awarded him the ARCOM for meritorious achievement in the Republic of Vietnam from 20 May 1969 to 1 October 1969.





7.  On 22 April 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows: 
   a.  He completed 1 year, 7 months, and 27 days of net active service this period, including 11 months and 3 days of foreign service in the Republic of Vietnam from 18 May 1969 to 21 April 1970.

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he was awarded or authorized the following:
 
* ARCOM
* Air Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Aircraft Crewman Badge

8.  A 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 U.S. Army Human Resources Command, failed to reveal copies of any additional award orders pertaining to the applicant.

9.  He provides a copy of General Orders Number 4213, issued by Headquarters, 1st Aviation Brigade on 25 May 1970, which awarded him the Air Medal with "V" Device for heroism in the Republic of Vietnam on 26 March 1970.

10.  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.

11.  Special Orders Number 270, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Polk, LA on 24 October 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

12.  Special Orders Number 38, issued by Headquarters, Fort Campbell, KY on  8 February 1969, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

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

   a.  He received nonjudicial punishment (NJP), on 21 October 1968, for failing to obey an order and regulation by leaving the company area and going to the post exchange to obtain a beer.  

   b.  A review of the applicant's military personnel records failed to reveal evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award).

14.  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.  .

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

	a.  The Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  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.

	b.  The Vietnam Service Medal (VSM) is awarded to all members of the Armed Forces of the United States for qualifying service in the Republic of Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the VSM for participation in each credited campaign.

	c.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows that during his service in the Republic of Vietnam, participation credit was awarded for the following campaigns:

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

16.  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:

	a.  HHB, 54th Artillery Group was cited for award of the:
* Meritorious Unit Commendation, for the period 25 January 1968 through 31 August 1969, in Department of the Army General Orders (DAGO) Number 39, 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 10 October 1966 through 24 October 1969, in DAGO Number 51, 1971

   	b.  162nd Aviation Company was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 15 December 1969 through 10 October 1970, in DAGO Number 52, 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show he was awarded the Air Medal with "V" Device, which constituted his second award of the Air Medal.

2.  General orders awarded him the Air Medal for meritorious achievement during the period 8 November through 24 November 1969.  This award is shown on his DD Form 214.

3.  General orders also awarded him the Air Medal with "V" Device (2nd Award) for heroism on 26 March 1970; however, this award is not shown on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show he was twice awarded the Air Medal.

4.  He served in three campaigns during his service in the Republic of Vietnam.  Thus, he is authorized three bronze service stars for wear on his previously-awarded VSM.

5.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  These marksmanship badges are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.

6.  General orders awarded his unit of assignment in the Republic of Vietnam the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These unit awards are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.

7.  He served a period of continuous, honorable active duty enlisted service from 26 August 1968 through 22 April 1970.

	a.  In October 1968 he received NJP for violating an order and regulation; however, there is no other evidence of disciplinary actions, adverse information, or a commander's disqualification for the first award of the Army Good Conduct Medal.

	b.  He was promoted to SP4 (E-4) with less than 12 months of active duty and he received all "excellent" conduct and efficiency ratings during his service.

	c.  He was awarded the ARCOM and two awards of the Air Medal (one for heroism and one meritorious achievement) in the Republic of Vietnam.

   d.  Based on the available evidence, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 26 August 1968 through 22 April 1970, and to correct his DD Form 214 to show it.

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 
26 August 1968 through 22 April 1970 (Standard Name Line:  SP4, 162nd Aviation Company (Assault Helicopter), 1st Aviation Brigade);

	b.  amending item 24 of his DD Form 214 to delete the:

* Vietnam Service Medal
* Air Medal

	c.  amending item 24 of his DD Form 214 to add the:

* Air Medal with Numeral "2" and "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 3 bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)




      _______ _  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)                                         AR20130020604



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ABCMR Record of Proceedings (cont)                                         AR20130020604



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