BOARD DATE:	  10 March 2015

		DOCKET NUMBER:  AR20140011979 


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 three awards of the Air Medal and a fourth bronze service star for his already-awarded Vietnam Service Medal.

2.  The applicant states:

	a.  His first Air Medal was awarded for operations up to 16 November 1967.  He was awarded the Air Medal with 1st and 2nd Oak Leaf Cluster for operations from 19 November 1967 to 3 April 1968.

	b.  He should have four campaign stars on his Vietnam Service Medal.

3.  The applicant provides:

* Air Medal with 1st and 2nd Oak Leaf Cluster Citation
* image of individual medals awarded to members of the 188th Aviation Company
* III Corps list of operations

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 enlisted in the Regular Army on 4 March 1966 for 4 years.  He completed his training and was awarded military occupational specialty 45J (aircraft armament repairman).  He arrived in Vietnam on 19 April 1967.  He was assigned to the 188th Aviation Company in Vietnam from 17 May 1967 to 12 April 1968.  He participated in four campaigns during his assignment in Vietnam.

3.  Headquarters, 1st Aviation Brigade, General Orders Number 5610, dated 21 November 1967, awarded him the Air Medal for meritorious achievement while participating in aerial flight during the period 30 May 1967 to 10 November 1967.

4.  Headquarters, 1st Aviation Brigade, General Orders Number 2544, dated 29 April 1968, awarded him the Air Medal with 1st and 2nd Oak Leaf Cluster for meritorious achievement while participating in aerial flight during the period 19 November 1967 to 3 April 1968.

5.  On 20 December 1968, he was honorably released from active duty in the temporary rank of specialist five after completing 2 years, 9 months, and 17 days of creditable active service with no time lost.

6.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.

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

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal
* one overseas service bar
* National Defense Service Medal

8.  There is no evidence indicating he was awarded the Army Good Conduct Medal.  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.

9.  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 1st award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the 1st 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.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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, etc.

	b.  A bronze service star is worn on the Vietnam Service Medal for each credited campaign.

11.  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 188th Aviation Company was awarded the:

* Meritorious Unit Commendation for actions during the period 1 January to 31 December 1967 by Department of the General Orders Number 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 27 March 1967 to 17 May 1968 by Department of the General Orders Number 46, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows one award of the Air Medal, but orders show he was awarded three Air Medals.  Therefore, his DD Form 214 should be corrected to show award of the Air Medal with Numeral 3.

2.  His DD Form 214 shows the Vietnam Service Medal with three bronze service stars, but he participated in four campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with four bronze service stars.  Therefore, his DD Form 214 should be corrected to show this additional bronze service star.

3.  He was honorably released from active duty in the temporary rank of specialist five with 33 months of total active service and no lost time.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary action or a commander's disqualification which would have precluded him from being awarded the Army Good Conduct Medal.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 4 March 1966 through 20 December 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

4.  His unit in Vietnam was awarded the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show these unit awards.

BOARD VOTE:

____X____  ___X_____  _X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 4 March 1966 through 20 December 1968;

	b.  deleting award of the Air Medal and Vietnam Service Medal with three bronze service stars from his DD Form 214; and

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

* Air Medal with Numeral 3
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* 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)                                         AR20140011979



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ABCMR Record of Proceedings (cont)                                         AR20140011979



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