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ARMY | BCMR | CY2014 | 20140013490
Original file (20140013490.txt) Auto-classification: Approved

		IN THE CASE OF:  	  

		BOARD DATE:  17 March 2015	  

		DOCKET NUMBER:  AR20140013490 


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:

* Presidential Unit Citation (PUC)
* Meritorious Unit Commendation (MUC)
* Army Good Conduct Medal (AGCM)
* Vietnam Service Medal (VSM) with one bronze service star
* Aircraft Crewman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Campaign Medal with Device (1960)

2.  The applicant states there were errors on the original paperwork.

3.  The applicant provides:

* excerpt from Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register)
* DA Form 1577 (Authorization for Issuance of Awards)
* assignment orders
* DD Form 214



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 10 January 1966 for 3 years.  He completed basic combat training and advanced individual training (AIT) and was awarded military occupational specialty 67J (multi-engine aircraft mechanic).  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to the 17th Aviation Company in Vietnam from 2 August 1966 to 16 November 1966.  On 17 November 1966, he was assigned to the Medical Holding Detachment, 106th General Hospital, Japan, as a patient.  He departed Japan en route to the United States on 3 February 1967.

3.  Records show he participated in one campaign during his assignment in Vietnam.

4.  Headquarters, 5th Infantry Division (Mechanized) and Fort Carson, Special Orders Number 245, dated 2 September 1967, show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  On 20 December 1968, he was honorably released from active duty in the temporary rank of specialist five after completing 2 years, 11 months, and 11 days of active creditable service with no lost time.

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

* National Defense Service Medal
* VSM

7.  There are no orders for the Aircraft Crewman Badge in his available records.

8.  There is no evidence indicating he was awarded the AGCM.  There also is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the AGCM.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

9.  He provided a DA Form 1577 which shows he was issued the:

* AGCM
* National Defense Service Medal
* VSM with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Aircraft Crewman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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, 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.

11.  Army Regulation 672-5-1 also provided for temporary and permanent award of the Aircraft Crew Member Badge (now known as the Basic Aviation Badge).  The regulation provided that the badge could be permanently awarded for successful completion of formal AIT in career management field 67 MOSs.

12.  Army Regulation 600-8-22 (Military Awards) states the PUC (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

13.  Army Regulation 600-8-22 states the MUC is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.

14.  Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam.  This pamphlet shows the 17th Aviation Company was not cited for the PUC or MUC while the applicant was assigned to it.

15.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, including the VSM.

16.  Army Regulation 600-8-22 states the Republic of Vietnam 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.  

17.  Department of the Army General Orders Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

18.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  Since the Department of the Army Pamphlet 672-3 does not show the 17th Aviation Company was awarded the PUC or MUC for a period that coincided with his assignment to that unit, there is no basis for adding these unit awards to his DD Form 214.

2.  Evidence shows he did not qualify for award of the Vietnam Campaign Medal with Device (1960), specifically that he served less than 6 months in Vietnam.  As such, there is no basis for adding this award to his DD Form 214.

3.  He was honorably released from active duty in the temporary rank of specialist five with almost 3 years 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.  It appears he met the eligibility criteria for the first award of the AGCM for the period 10 January 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 AGCM (1st Award) and his DD Form 214 should be corrected to show this award.

4.  His DD Form 214 shows the VSM as an authorized award.  However, he participated in one campaign during his assignment in Vietnam which authorized 

him one bronze service star with the VSM.  His DD Form 214 should be corrected to show this service star.

5.  The evidence of record shows the applicant completed AIT in MOS 67J; therefore, he is authorized award of the Basic Aviation Badge and his DD Form 214 should be corrected to show this badge.

6.  Orders show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his DD Form 214 should be corrected to show this marksmanship badge.

7.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 10 January 1966 through 20 December 1968 and

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

* AGCM (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Basic Aviation Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* one bronze service star with his already-awarded VSM

2.  The Board further determined 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 adding award of the Republic of Vietnam Campaign Medal with Device (1960), PUC, and MUC to 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)                                         AR20140013490



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ABCMR Record of Proceedings (cont)                                         AR20140013490



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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