IN THE CASE OF:	  

		BOARD DATE:	  3 September 2015

		DOCKET NUMBER:  AR20140021549 


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 Air Medal (6th Oak Leaf Cluster) with "V" Device. 

2.  The applicant states the omission of this award was an administrative oversight.

3.  The applicant provides:

* DD Form 214
* General Orders Number 2446

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 23 June 1964.  Upon completion of his initial training he was awarded military occupational specialty 67N (Single Rotor Observation Helicopter Repairman).

3.  He accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice for failing to be at his proper place at the proper time and having an unauthorized vehicle on the installation (no post decal).

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

* Item 38 (Record of Assignment)

* He served in the Republic of Vietnam (RVN) from 5 March 1966 to      4 March 1967 while assigned to Company A, 1st Aviation Battalion, 1st Infantry Division
* he received "excellent" conduct and efficiency ratings throughout his period of service

* Item 41 (Awards and Decorations), no entry for award of the Army Good Conduct Medal (AGCM)

5.  Headquarters, 1st Infantry Division, RVN, General Orders, dated between 
21 October 1966 and 7 March 1967, awarded the applicant the Air Medal on 
12 separate occasions.

6.  General Orders Number 2446, issued by the same organization, dated 
23 September 1966, awarded him the Air Medal with 6th Oak Leaf Cluster and "V" Device for heroism while engaged in aerial flight in connection with military operations against hostile forces in the RVN on 8 June 1966.

7.  He was honorably released from active duty on 10 September 1968.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Air Medal with 12th Oak Leaf Cluster
* Vietnam Service Medal
* RVN Campaign Medal with Device 1960
* Aircraft Crewman Badge


8.  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.  

9.  Army Regulation 600-8-22 states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive, 2 December 1965-30 June 1966
* Vietnam Counteroffensive, Phase II, 1 July 1966 – 31 May 1967

10.  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 Company A, 1st Aviation Battalion, was cited for the following awards during his assignment:

* Meritorious Unit Commendation for service from October 1965 to September 1966 based on Department of the Army General Orders (DAGO) Number 17, dated 1968
* RVN Gallantry Cross with Palm Unit Citation for service from 12 July 1965 to 16 October 1968 based on DAGO Number 12, dated 1969
* RVN Civil Actions Honor Medal with First Class Unit Citation for service from October 1965 to 7 April 1970, based on DAGO 53, dated 1973

11.  His DA Form 20 (Enlisted Qualification Record) and DA Form 24 (Service Record) show he received "excellent" conduct and efficiency ratings during his enlisted service.  His records do not contain any derogatory information in the form of lost time or record of court-martial.

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualified period of active duty enlisted service.  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.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.


DISCUSSION AND CONCLUSIONS:

1.  General Orders awarded the applicant the Air Medal with 12 Oak Leaf Clusters and "V" Device for heroism.  His DD Form 214 inadvertently omitted the "V" Device.  Therefore, he is entitled to correction of his DD Form 214 to show the Air Medal with Numeral 13 and the "V" Device.

2.  General Orders awarded his unit in Vietnam the Meritorious Unit Commendation, RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

3.  He participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two 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.

4.  His record is void of orders awarding him the AGCM.  A review of his record shows he accepted NJP of two occasions for minor offenses but there is no evidence of any disciplinary action or a commander's disqualification statement for award of the AGCM during his active duty enlisted service.  He served a qualifying period for award of the AGCM.  Therefore, it would be appropriate to award him the AGCM (1st Award) for the period 23 June 1964 through 22 June 1967.  His DD Form 214 should also be corrected to show this award.

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 exemplary behavior, efficiency, and fidelity during the period 23 June 1964 through 22 June 1967; 

   b.  deleting the Vietnam Service Medal and Air Medal with 12th Oak Leaf Cluster from his DD Form 214 for the period ending 10 September 1968; and

   c.  adding the following awards to his DD Form 214 for the period ending 
10 September 1968.

* Air Medal with Numeral 13 and "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two 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



      _______ _   _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)                                         AR20140021549



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ABCMR Record of Proceedings (cont)                                         AR20140021549



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