BOARD DATE:	  15 September 2015

		DOCKET NUMBER:  AR20150001677 


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 three applications, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his award of the Air Medal (AM) with 5 silver Oak Leaf Clusters (OLC), Vietnam Gallantry Cross with Palm (2nd Award), Valorous Unit Award (VUA), and the Jungle Expert Certificate.

2.  The applicant states:

	a.  he participated in more than 25 aerial missions as documented on his 131 Worksheet – Appendix XIV, Awards and Qualification Records (Air Medal);

	b.  he served in the Republic of Vietnam (RVN) from 3 October 1967 to 3 October 1968, while assigned to the 71st Aviation Company, 94th Signal Detachment and the 151st Transportation Detachment; and

	c.  he attended and successfully completed the Jungle Expert Course.

3.  The applicant provides:

* AM Citation
* 131 Worksheet
* Department of the Army General Orders Number 21, dated 1969
* Department of the Army General Orders Number 43, dated 1970
* DD Form 214
* Jungle Expert Certificate
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 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 3 April 1967, the applicant initially enlisted in the Regular Army (RA).  He was trained in and awarded military occupational specialty 67N (Utility Helicopter Mechanic).

3.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned for duty in the RVN with the 71st Aviation Company from 10 October 1967 to 29 September 1968.  Item 38 (Record of Assignments) shows he received "excellent" conduct and efficiency ratings at each of his active duty assignments. 

4.  His official military personnel file (OMPF) is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.

5.  His OMPF contains Headquarters, Americal Division, General Orders Number 953, dated 24 February 1968.  They announced the applicant's award of the AM for meritorious achievement while participating in aerial flight while serving in the RVN during the period 2 - 12 January 1968.

6.  On 2 April 1970, he was honorably released from active duty with 3 years of creditable active service of which 1 year was foreign service.  His DD Form 214 shows he was awarded or authorized the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* AM with 1 OLC
* Army Commendation Medal with “V” Device
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M14)

7.  The applicant provides a document titled “131 Worksheet – Appendix XIV” which shows he served with the 71st Aviation Company in the primary duty position of “crew chief” and that he earned twenty-five OLCs.  He also provides a Jungle Expert Certificate which shows he completed the standard Jungle Operations Training Course on 31 January 1969.

8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments.

	a.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.

	b.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase III
* Tet Counteroffensive
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V

   c.  Paragraph 3-17 states the AM is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  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 AM.

9.  Army Regulation 672-5-1 (Awards) 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. 

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN.  This pamphlet shows the 71st Aviation Company was cited for award of VUA and the RVN Gallantry Cross with Palm Unit Citation for periods coinciding with his service in the unit.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the AM with 5 silver OLCs.  Official orders in his OMPF confirm he was awarded the AM for meritorious achievement while participating in aerial flight in the RVN and Worksheet 131 confirms he earned 25 OLCs which denotes 25 subsequent awards of the AM.  Therefore, it would be appropriate to correct his DD Form 214 to show his entitlement to the AM with Numeral 26 to denote 26 awards of this medal.

2.  The evidence of record confirms the applicant received all "excellent" conduct and efficiency ratings throughout his active duty service and his OMPF is void of any derogatory information or a unit commander's disqualification that would have precluded him from being recommended for or awarded the first award of the AGCM.  Accordingly, the regulatory criteria necessary for award of the AGCM has been satisfied and the applicant’s record and DD Form 214 should be corrected at this time to show this award.

3.  Further, based on the applicant's service and campaign participation in the RVN, he is also authorized the VUA, RVN Gallantry Cross with Palm Unit Citation, and four bronze service stars to be affixed to his already-awarded VSM. Thus, it would also be appropriate to add these awards to his DD Form 214.  The applicant’s unit did not earn two awards of the RVN Gallantry Cross with Palm Unit Citation during his tenure of assignment in the RVN and therefore he is not entitled to two of these awards as he claims.

4.  The applicant is advised that certificates are not formal Army awards and that there are no provisions for adding one to his DD Form 214.  Therefore, the Jungle Expert Certificate he receive for completing the standard Jungle Operations Training Course does not meet the regulatory criteria necessary for inclusion on his DD Form 214.

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 Air Medal with numerals 2 through 26;

   b.  awarding him the Army Good Conduct Medal (1st Award) for his qualifying period of honorable active duty service from 3 April 1967 to 2 April 1970; and
   
	c.  deleting the Vietnam Service Medal from his DD Form 214 and adding the:

* Air Medal with Numeral 26
* Army Good Conduct Medal
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award
* Republic of Vietnam 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 a second Republic of Vietnam Gallantry Cross with Palm Unit Citation and Jungle Expert Certificate.




      _______ 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)                                         AR20150001677





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ABCMR Record of Proceedings (cont)                                         AR20150001677



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