RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 09 December 2003
         DOCKET NUMBER: AR2003088680


         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. Luis Almodova		Analyst

The following members, a quorum, were present:

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

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests, in effect, that his DD Form 214, Report of Transfer or Discharge, be amended to add all the awards he received and any others that he might be entitled to for his service in Vietnam.

2. The applicant states, in effect, that he received the Bronze Star Medal; the Army Commendation Medal; twenty Air Medals, including one with a "V" Device; the Republic of Vietnam Civil Actions Honor Medal; and an individual award of the Republic of Vietnam Gallantry Cross, with Bronze Star, while he served in Vietnam.

3. The applicant submitted a copy of his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge; a copy of General Orders 6537, published by Headquarters, 23rd Infantry Division, dated 12 June 1971; a copy of a translation of an official award order published by the Republic of Vietnam Armed Forces, dated 20 September 1971; a copy of an Army Commendation Medal Certificate, dated 22 December 1971; a copy of Bronze Star Medal Certificate, dated 6 April 1972, and a copy of a US Army Vietnam Citation for award of the Bronze Star Medal in support of his application.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of errors which occurred on 23 February 1972. The application submitted in this case is dated 1 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 military records show that he enlisted in the Regular Army on 28 April 1969. He received his basic combat training at Fort Ord, California, and his advanced individual training at Fort Eustis, Virginia. Upon completion of all required military training, he was awarded military occupational specialty (MOS) 67N, UH-1 Helicopter Repairman.

4. The applicant was assigned to and arrived in Vietnam on 3 January 1970. He was assigned to the 187th Aviation Company (Assault Helicopter). He remained

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with this unit until he completed his overseas tour and returned to the United States on 25 November 1970. He was assigned to Fort Hood, Texas, and on 17 May 1971, he returned to Vietnam.

5. On the applicant's return to Vietnam, he was assigned to the 116th Aviation Company. On 12 November 1971, he was reassigned to Headquarters and Headquarters Company, 223rd Combat Aviation Battalion. On 16 February 1972, the applicant was reassigned to Headquarters and Headquarters Company, 11th Combat Aviation Battalion. He remained assigned to this unit until he returned to the United States on 22 February 1972.

6. The applicant was honorably released from active duty on 23 February 1972 in the rank and pay grade, Specialist Five, E-5, under the provisions of Army Regulation (AR) 635-200, chapter 5, section VII (Overseas Returnee). On his release from active duty, the applicant had 2 years, 9 months, and 26 days active military service with no lost time.

7. Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, shows he was awarded the following: the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal; the Sharpshooter Marksmanship Qualification Badge, with Automatic Rifle Bar (M-16); the Aircraft Crewmember Badge; and three overseas service bars. The Bronze Star Medal, the Army Commendation Medal; twenty Air Medals, including one with a "V" Device; an individual award of the Republic of Vietnam Gallantry Cross, with Bronze Star; and the Republic of Vietnam Civil Actions Honor Medal are not shown on his separation document.

8. While in the Republic of Vietnam, the applicant participated in the following six campaigns: the Vietnam Winter-Spring 1970, which extended from 1 November 1969 through 30 April 1970; the Sanctuary Counteroffensive, which extended from 1 May through 30 June 1970; the Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970 through 30 June 1971; the Consolidation I, which extended from 1 July through 30 November 1971; the Consolidation II, which extended from 1 December 1971 through 29 March 1972; and the Vietnam Cease-Fire, which extended from 30 March 1972 through 28 January 1973.

9. The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the silver service star and the bronze service star which the applicant is entitled to for his campaign participation.

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10. The applicant was awarded the Air Medal in General Orders Number 1666, published by Headquarters, 1st Aviation Brigade, on 19 March 1970. The Air Medal is not shown on the applicant's DD Form 214.

11. The applicant was awarded the Air Medal (Second through Seventeenth Award) in General Orders Number 896, published by Headquarters, 1st Aviation Brigade, on 4 February 1971. These Air Medals are not shown on the applicant's DD Form 214.

12. The applicant was awarded the Air Medal with "V" Device (Twentieth Award) in General Orders Number 6537, published by Headquarters, 23rd Infantry Division, on 12 June 1971. This award of the Air Medal with "V" Device is not shown on the applicant's DD Form 214.

13. The applicant received an individual award of the Republic of Vietnam Gallantry Cross with Bronze Star, from the Commander, 4th Regiment, 2nd Infantry Division, I Corps and Military Region 1, Republic of Vietnam Armed Forces. Authorization to accept and wear this individual foreign award was approved by Headquarters, US Army Vietnam, on 19 December 1971. This individual foreign award does not appear on the applicant's separation document.

14. On 26 May 1972, the Office of the Adjutant General, US Army Reserve Components Personnel and Administration Center (USARCPAC), notified the applicant that he had been awarded the Army Commendation Medal. Handwritten in the lower left hand corner of the letter of notification is an annotation showing the authority for the award: General Orders Number 7575, Headquarters, 1st Aviation Brigade, dated 26 May 1972. The applicant provided the Board a copy of the certificate of award of the Army Commendation Medal. The Army Commendation Medal does not appear on the applicant's DD Form 214. A copy of General Orders 7575, which awards the Army Commendation Medal to the applicant, was provided to the Board by the Military Awards Branch, US Army Human Resources Command.

15. On 8 September 1972, the Office of the Adjutant General, USARCPAC, notified the applicant that he had been awarded the Bronze Star Medal. Handwritten in the lower left hand corner of the letter of notification is an annotation showing the authority for the award: General Orders Number 1120, Headquarters, 1st Aviation Brigade, dated 6 April 1972. The applicant provided the Board a copy of the certificate of award of the Bronze Star Medal. The Bronze Star Medal does not appear on the applicant's DD Form 214. Orders supporting award of the Bronze Star Medal to the applicant, were provided to the Board by the Military Awards Branch, US Army Human Resources Command.

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16. AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal. This same regulation also specifies that a silver service star will be awarded in lieu of five bronze service stars.

17. Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, lists unit awards received by units serving in Vietnam. This document shows that the unit the applicant served with in Vietnam: the 187th Aviation Company (Assault Helicopter), was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the period 1 May 1969 through 15 May 1970 by Department of the Army General Order (DAGO) 55, dated 1971.

18. DA Pamphlet 672-3 also shows that the 116th Aviation Company, the unit the applicant was assigned to for the period 17 May through 11 November 1971 was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the period 1 May 1969 through 15 May 1970 by Department of the Army General Order 55, dated 1971, and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 1 April through 30 June 1971, by DAGO 6, 1974.

DISCUSSION AND CONCLUSIONS:

1. Block 24, of the applicant's DD Form 214, was annotated to show that the applicant was awarded the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal; the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-14); the Expert Marksmanship Qualification Badge, with Automatic Rifle Bar (M-16); the Aircraft Crewmember Badge; and three overseas service bars on the date of his separation.

2. The evidence of record shows that the applicant was also awarded the Bronze Star Medal; the Army Commendation Medal; the Air Medal, second through twentieth awards, and one "V" Device; and an individual foreign award, the Republic of Vietnam Gallantry Cross, with Bronze Star, while he served on active duty. These awards do not appear on his DD Form 214. He is therefore entitled to have these awards added to his separation document at this time.

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3. The applicant participated in six campaigns during his service in Vietnam. He is therefore eligible for award of one silver service star and one bronze service star to be affixed to his already-awarded Vietnam Service Medal.

4. The applicant served with the 116th Aviation Company at the time the unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm Unit Citation. The applicant's DD Form 214 does not show this unit award as an authorized award. It would be appropriate to add this unit award to his DD Form 214 at this time.

5. The applicant served with the 116th Aviation Company and the 187th Aviation Company (Assault Helicopter) during a period they were awarded the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation. The applicant's DD Form 214 does not show these unit awards as authorized awards. It would be appropriate to add these unit awards to his DD Form 214 at this time.

BOARD VOTE:

mdm_____ ecp_____ rjw_____ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

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:

a. awarding the applicant one silver service star and one bronze service star to be affixed to his already-awarded Vietnam Service Medal to denote his participation in six campaigns while he served in the Republic of Vietnam;

b. awarding the applicant the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and two awards of the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for his service with units that were cited for these unit awards while he was a member of that unit;

c. adding the already-awarded awards, which do not appear on his separation document, to the applicant's DD Form 214: the Bronze Star Medal,

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the Army Commendation Medal; the Air Medal with numeral 20 and with "V" Device; and an individual foreign award, the Republic of Vietnam Gallantry Cross, with Bronze Star; and

         d. preparing a single consolidated document to show all the applicant's awards and decorations as follows: Bronze Star Medal//Air Medal with numeral 20 and with "V" Device//Army Commendation Medal//National Defense Service Medal//Vietnam Service Medal with one silver service star and one bronze service star//Republic of Vietnam Gallantry Cross with Bronze Star//Republic of Vietnam Campaign Medal//Republic of Vietnam Gallantry Cross, with Palm, Unit Citation//(Two) Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation//Aircraft Crewmember Badge//Expert Marksmanship Qualification Badge, with Automatic Rifle Bar (M-16)// Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-14)//3 overseas service bars//.





                  ____Mark D. Manning_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088680
SUFFIX
RECON
DATE BOARDED	20031209
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 60	107.0014
3. 66	107.0020
4. 64	107.0018
5.
6.