RECORD OF PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           December 9, 2003                  
	DOCKET NUMBER:   AR2003089964

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	MR. Joseph A. Adriance 		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Eloise C. Prendergast		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests, in effect, that three awards of the Air Medal (AM) and the Army Commendation Medal (ARCOM) be added to his separation document (DD Form 214).  

2.  The applicant states, in effect, that he earned the ARCOM and AM third award and these awards should be added to his separation document.  

3.  The applicant provides copies of an ARCOM certificate and accompanying citation and of three AM certificates in support of his application.  

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of his separation document that was issued on 7 April 1972.  The application submitted in this case is dated 17 April 2003.  

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s record shows that he entered active duty in the Regular Army on 5 October 1970.  He was trained and served in military occupational specialty (MOS) 67N (Aircraft Mechanic) and the highest rank he attained while serving on active duty was specialist four (SP4).  

4.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the Republic of Vietnam (RVN) from 15 April 1971 through 8 April 1972 and that during this tour of duty, he was assigned to the 159th Medical Detachment, performing duties in MOS 67N as a helicopter mechanic.  Item 41 (Awards and Decorations) shows that during his active duty tenure, the applicant earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  

5.  The applicant’s Military Personnel Records Jacket (MPRJ) contains two AM award certificates that show he was awarded the basic AM.  The first indicates he earned the award for the period 31 May through 27 August 1971 and the second indicates that he earned it for the period 30 August 1971 through 
13 January 1972.  
6.  The basic AM award period contained in the second certificate is corroborated by General Orders Number 987, dated 16 May 1972, which is also on file in the applicant’s MPRJ.  These orders confirm the applicant was awarded the basic award of the AM for the period 30 August 1971 through 13 January 1972.  The MPRJ also contains a copy of an AM award certificate that shows the applicant earned the second and third awards of the AM for the period 14 January through 
15 March 1972.  

7.  The applicant’s MPRJ also contains a copy of an ARCOM award certificate that indicates the applicant was awarded the ARCOM for meritorious service in the RVN from April 1971 through April 1972.  A copy of the ARCOM citation is also on file.  

8.  On 7 April 1972, the applicant was honorably released from active duty after completing a total of 1 year, 5 months, and 29 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows that he earned the following awards during his tenure on active duty:  NDSM; VSM; Republic of Vietnam Campaign Medal (RVNCM); and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  

10.  Table B-1 of Army Regulation 600-8-22 contains a list of RVN campaigns. It shows that during the applicant’s tenure of assignment in the RVN, campaign credit was authorized for the following three campaigns:  Consolidation I; Consolidation II; and Vietnam Cease-Fire.

11.  Paragraph 8-25 of the awards regulation provides guidance on award of the Aircraft Crewmember Badge.  It states, in pertinent part, that it may be permanently awarded to soldiers upon successful completion of AIT in a career management field 67 MOS.  

12.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the RVNGC with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the AM (3rd Award) and to the ARCOM was carefully considered and found to have merit.  

2.  The evidence of record contains orders and/or certificates and citations that confirm the applicant earned the AM (3rd Award).  Therefore, it would be appropriate to add this award to his record and separation document.

3.  Although there are no award orders on file, there is a certificate and citation on file that show that the applicant was awarded the ARCOM, for his meritorious service in the RVN from April 1971 through March 1972.  Further, there is no evidence that would call into question the validity of these documents and the facts and circumstances they contain are supported by the applicant’s assignment history and other facts recorded in his record.  Therefore, it would also be appropriate to add this award to the applicant’s record and DD Form 214.

4  The evidence of record also confirms that the applicant was awarded MOS 67N upon successful completion of AIT.  As a result, he is entitled to receive the Aircraft Crewmember Badge, which should also be added to his record at this time.  

5.  In addition, based on his service and campaign participation in the RVN, he is entitled to 3 bronze service stars with his VSM and to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, these awards should also be added to his record and separation document.  

BOARD VOTE:

_MM___  __EP__  __RJW__  GRANT RELIEF 

________  ________  ______ GRANT FORMAL HEARING

________  ________  ______ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army Commendation Medal, Air Medal (3rd Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation,
3 bronze service stars with his Vietnam Service Medal, and Aircraft Crewmember Badge to his 7 April 1972 DD Form 214; and by providing him a corrected separation document that includes these awards.   

		Mark D. Manning
		                                   CHAIRPERSON

INDEX

CASE ID	AR2003089964	
SUFFIX		
RECON		
DATE BOARDED	2003/12/DD	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1972/04/07	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	Early Rel to Join ARNG	
BOARD DECISION	GRANT PLUS	
		
ISSUES         1.  46	107.0000	
2.		
3.		
4.		
5.		
6.