BOARD DATE:	  25 November 2014

		DOCKET NUMBER:  AR20140006162 


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 (35th Award) and with a combat distinguishing device (correctly known as the Air Medal with Numeral "35" and with "V" Device), Presidential Unit Citation (2nd Award), and the Army Commendation Medal.

2.  He states his DD Form 214 doesn't list all the awards he received while in the Army.  

3.  He provides:

* General Orders Number 5171, dated 18 June 1970
* General Orders Number 4290, dated 13 April 1971
* DD Form 214
* Letter, dated 20 January 2010

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 8 September 1969.  At the completion of basic combat and advanced individual training (AIT), he was awarded military occupational specialty (MOS) 67A (Aircraft Maintenance Apprentice).

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

   a.  item 22 (MOSs) he was awarded MOS 67N2O (UH-1 Helicopter Repairman) on 19 April 1970.
   
   b.  item 31 (Foreign Service) he served in Vietnam from 27 February 1970 to 11 April 1971.
   
   c.  item 33 (Appointments and Reductions) he was promoted to specialist five (SP5)/E-5 on 10 March 1971.
   
   d.  item 38 (Record of Assignments) he was assigned to the 116th Aviation Company (Assault Helicopter) from 14 March 1970 to 6 April 1971 as a Helicopter Mechanic (MOS 67N2O) and Crew Chief (MOS 67N2F).
   
   e.  item 38 he received all "excellent" conduct and efficiency ratings throughout his service.
   
   f.  item 41 (Awards and Decorations) he was awarded the basic Air Medal by General Orders Number 5171 published by Headquarters, 1st Aviation Brigade, dated 18 June 1970.  He was awarded a second award of the Air Medal by General Orders Number 7673 issued by the same unit.  There are no entries indicating award of the Presidential Unit Citation (2nd Award) and Army Commendation Medal.

4.  His service record contains the following orders:

	a.  Headquarters, 1st Aviation Brigade, General Orders Number 7673, dated 10 August 1970, awarding him the basic Air Medal for meritorious achievement while participating in aerial flight from19 to 22 March 1970.

	b.  Headquarters, 23rd Infantry Division, General Orders Number 4405,dated 19 April 1971, awarding him the Army Commendation Medal for meritorious service in connection with military operations against a hostile force from 12 April 1970 to 7 April 1971.

5.  He provided General Orders Number 5171 published by Headquarters, 1st Aviation Brigade, dated 18 June 1970, awarding him the Air Medal with "V" Device for action on 11 May 1970.

6.  He also provided General Orders Number 4290 published by Headquarters, 23rd Infantry Division, dated 13 April 1971, awarding him the Air Medal (Third through Thirty-Fifth Awards) for meritorious achievement while participating in aerial flight from 22 March 1970 through 11 March 1971.

7.  He was honorably released from active duty on 11 April 1971 in the rank of SP5.  He completed 1 year, 7 months, and 4 days of total active service with no lost time.  His service record does not contain a commander's disqualification for the first award of the Army Good Conduct Medal.

8.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14 and 
M-16), two Overseas Service Bars, Vietnam Service Medal, and Air Medal (2nd Award).

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 116th Aviation Company was cited for award of the:

	a.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 May 1969 to 15 May 1970 by Department of the Army General Orders (DAGO) Number 55, dated 1971.

	b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February to 31 March 1971 by DAGO Number 42, dated 1972.

	c.  Presidential Unit Citation for the period 24 to 26 April 1969 by DAGO Number 21, dated 1978 (amended DAGO 14, dated 1973).  

10.  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.

11.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  Appendix B shows that during his service in Vietnam, he participated in the Vietnam Winter - Spring 1970, Sanctuary Counteroffensive, and the Vietnam Counteroffensive Phase VII campaigns.  

12.  Army Regulation 600-8-22 authorizes permanent award of the Basic Aviation Badge to individuals upon successful completion of advanced individual training (AIT) in career management fields (CMFs) 67 (aircraft maintenance) and 93 (aviation operations) and to Soldiers who previously completed AIT in CMF 28 (aviation communications and electronic systems maintenance).  Permanent award of the Basic Aviation Badge is also authorized for a number of reasons, to include Soldiers who graduated from AIT in CMF 67 prior to 30 September 1996. 

13.  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 evidence of record shows the applicant was awarded two awards of the Air Medal and these awards are recorded on his DD Form 214.

2.  General orders show the applicant was awarded the Air Medal with "V" Device and the Third through Thirty-Fifth Awards of the Air Medal.  Therefore, it would be appropriate to amend his DD Form 214 to reflect award of the Air Medal with Numeral "35" and with "V" Device.

3.  Department of the Army Pamphlet 672-3 shows the applicant's unit in Vietnam, the 116th Aviation Company, was cited for award of the Presidential Unit Citation for the period 24 to 26 April 1969.  However, he was not assigned to this unit during this period.  His service record is void of evidence and he has not provided any evidence which shows his unit was cited for two awards of the President Unit Citation.  

4.  General orders show the applicant was awarded the Army Commendation Medal for meritorious service from 12 April 1970 to 7 April 1971.  Therefore, his DD Form 214 should be amended to reflect this award.
5.  The applicant participated in three campaign phases during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

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

7.  The applicant's service record does not show he was disqualified from receiving the first award of the Army Good Conduct Medal for the period 8 September 1969 through 11 April 1971.  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 8 September 1969 through 11 April 1971 and his DD Form 214 should be corrected to show this award.

8.  The evidence of record shows the applicant completed AIT in MOS 67N as a UH-1 Helicopter Repairman.  Therefore, he is eligible for award of the Basic Aviation Badge.

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.  deleting the Air Medal (2nd Award) and Vietnam Service Medal from his DD Form 214;
   
   b.  awarding him the Army Good Conduct Medal (1st Award) for the period 8 September 1969 through 11 April 1971; and
   c.  amending his DD Form 214 by adding award of the Air Medal with Numeral "35" and with "V" Device, Army Commendation Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Army Good Conduct Medal (1st Award), and Basic Aviation Badge.  

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 award of the Presidential Unit Citation (2nd 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)                                         AR20140006162





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ABCMR Record of Proceedings (cont)                                         AR20140006162



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