IN THE CASE OF:  	  

		BOARD DATE:  14 October 2014	  

		DOCKET NUMBER:  AR20140002794 


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 the Army Good Conduct Medal (AGCM) and additional awards of the Air Medal (AM).  He also requests that his DD Form 214 reflect his rank as specialist four (SP4)/pay grade E-4.

2.  The applicant states:

   a.  His AM with 3d oak leaf cluster (OLC) was awarded for the period 30 April-13 July 1964.  Due to a personnel shortage to fly combat he voluntarily extended his date of rotation and continued to fly.  He accumulated more than 125 hours of combat assault flying time.  Therefore, he feels he qualifies for one or two more OLCs for his AM.
   
   b.  He qualified for the AGCM which is not listed on his DD Form 214.
   
   c.  His rank at the time of his discharge was SP4, not private first class (PFC)/pay grade E-3.

3.  The applicant provides:

* self-authored letter
* DD Form 214
* citations for AM with 1st, 2nd, and 3d OLCs 
* Presentation of Award letter

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 22 January 1963, he was inducted into the Army of the United States.  He was awarded military occupational specialty 685.10 (Aircraft Electrician).

3.  His record contains a DA Form 24 (Service Record) which shows in:

* section 2 (Chronological Record of Military Service) – he was assigned to the 573d Transportation Detachment performing duties as an aircraft electrician from 8 October 1963 to 23 October 1964 
* section 5 (Service Outside Continental United States) – he was credited with service in Vietnam from 8 October 1963 to 25 October 1964

4.  On 13 November 1963, the 573d Transportation Detachment issued Unit Orders Number 28 appointing him to the permanent grade of PFC effective the same date.

5.  General Orders Number 325, issued by Headquarters, U.S. Army Support Command, Vietnam (USASCV), dated 8 June 1964, awarded him the AM for meritorious achievement while participating in aerial flight during the period 19 January-13 February 1964.  His rank is reflected as PFC on the standard name line on these orders.

6.  General Orders Number 384, issued by Headquarters, USASCV, dated 3 July 1964, awarded him the AM with 1st and 2nd OLCs for meritorious achievement while participating in aerial flight during the period 14 February-29 April 1964.  His rank is reflected as PFC on the standard name line on these orders.

7.  He provides a citation showing he was awarded the AM with 3d OLC for the period 30 April-13 July 1964.  This citation shows his rank as SP4.  He also provides a letter, which based on the list of enclosures indicates that he was awarded a 3d OLC by General Orders Number 695, issued by Headquarters, USASCV, in 1964.

8.  His record contains a DA Form 2166 (Commander's Evaluation Report), dated 15 August 1964.  This form shows his grade as E-4 with a date of rank of 21 May 1964.  His separation physical also lists his rank as SP4. 

9.  On 26 October 1964, U.S. Army Personnel Center, Oakland, CA, issued Special Orders Number 300, which show he was to be released from active duty effective 26 October 1964.  The standard name line shows his rank as PFC.

10.  A DA Form 664 (Serviceman's Statement Concerning Application for Compensation from the Veterans Administration), dated 26 October 1964, signed by the applicant and multiple documents related to his subsequent U.S. Army Reserve service all show his rank as PFC.

11.  On 26 October 1964, he was honorably released from active duty after he completed 1 year, 9 months, and 5 days of total active service.  His DD Form 214 shows in item 3a (Grade, Rate or Rank) and item 3b (Date of Rank), respectively, "PFC E3 (P)" and "13 Nov 63."

12.  His DD Form 214 further shows he was awarded or authorized the:

* Armed Forces Expeditionary Medal (Vietnam)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* AM (3d OLC)

13.  His record is void of orders promoting him to the rank of SP4.

14.  His record is void of documentation showing he was recommended for or awarded any additional awards of the AM beyond the 3d OLC.
  
15.  There is no evidence of record and the applicant did not provide any evidence, such as flight logs or other documents, showing how many or what categories of missions he may have participated in.

16.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the first award of the AGCM by proper authority.  His DA Form 24 shows all "excellent" conduct and efficiency ratings.  There are no adverse actions recorded in the applicant's available records or any record of a disqualification by his chain of command that would have precluded him from being recommended for or awarded the AGCM.

17.  Army Regulation 600-8-22 (Military Awards) states the AM is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status.  As with all personal decorations, formal recommendations, approval through the chain of command and announcement in orders is required.

18.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, provided guidelines for award of the AM.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  To be recommended for award of the AM, an individual must have completed a minimum of 25 category I missions, 50 category II missions, or 100 category III missions.  Since various types of missions would have been completed in accumulating flight time toward award of an AM for sustained operations, different computations would have had to be made to combine category I, II, and III flight times and adjust it to a common denominator.

19.  Army Regulation 672-5-1 (Military Awards), in effect at the time, required that the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial throughout a qualifying period of service for award of the AGCM.  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 of less than 3 years but more than 1 year.

20.  Review of the applicant's record indicates additional awards not shown on his DD Form 214.

21.  Army Regulation 600-8-22 states the National Defense Service Medal (NDSM) is awarded for honorable active service for the period between 1 January 1961 and 14 August 1974.

22.  Army Regulation 600-8-22 states the Republic of Vietnam (RVN) 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.  Qualifying service included assignment in Vietnam for 6 months or more.  

23.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 573d Transportation Detachment was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 
2-12 June 1964 during his assignment to the unit.

24.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for the preparation of the DD Form 214.  It stated that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty.  It stated for item 3a to enter the grade in which serving at the time of separation, indicating whether permanent or temporary.  Pay grades will also be shown.  In item 3b enter the date of rank for the grade shown in item 3a.  If grade at time of separation was not permanent, the permanent grade, date of appointment, and date of rank, if different from the date of appointment, would be entered in item 32 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  He completed a period of qualifying service ending with the termination of a period of active Federal military service.  Records show he received all "excellent" conduct and efficiency ratings throughout his service.  There is no record of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the AGCM.  As such, it appears that it would be appropriate at this time to award him the AGCM (1st Award) for the period 22 January 1963 through 26 October 1964 and to add this award to his DD Form 214.

2.  He contends he is authorized additional OLCs for his AM.  His record is void of any orders or other documents that indicate he was ever recommended for or awarded OLCs beyond the three OLCs he was already awarded for the period 19 January-13 July 1964.  There are no flight logs or other evidence in the available records and the applicant did not provide any to verify the number or categories of any missions he may have participated in after 13 July 1964 during his service in Vietnam.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

3.  He served in Vietnam during a qualifying period of service for the RVN Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

4.  He served during a qualifying period of service for the NDSM.  Therefore, he is entitled to have this award added to his DD Form 214.

5.  Evidence shows the 573d Transportation Detachment was cited for award of the RVN Gallantry Cross with Palm Unit Citation during his period of assignment to that unit.  Therefore, he is entitled to have this award added to his DD Form 214.

6.  His record shows unit orders promoted him to the rank of PFC effective 13 November 1963.  His DD Form 214 and multiple other documents related to his release from active duty and all his Reserve related documents show his rank as PFC.

	a.  He provides an AM Citation which shows his rank as SP4.  A DA Form 664 shows a date of rank as an E-4 of 21 May 1964 and his separation physical shows his rank as SP4.

	b.  Regulatory policy prescribed that an individual's rank and pay grade at the time of separation be entered on the DD Form 214.  There are no orders in his record showing he was ever promoted to SP4.  As a result, the regulatory burden of proof necessary to support this request has not been satisfied.  Therefore, there is an insufficient basis to amend his DD Form 214 to show his rank as SP4.

7.  In view of the foregoing, he is entitled to have his records corrected as shown below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 AGCM (1st Award) for the period 22 January 1963 through 26 October 1964 and

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

* AGCM (1st Award)
* NDSM
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to additional OLCs for his AM and amending his rank on his DD Form 214.




      _______ _   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)                                         AR20140002794



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ABCMR Record of Proceedings (cont)                                         AR20140002794



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