RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 March 2008
	DOCKET NUMBER:  AR20070012746 


	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.


Ms. Catherine C. Mitrano

Director

Mrs. Nancy L. Amos

Analyst

The following members, a quorum, were present:


Mr. Mark D. Manning

Chairperson

Mr. Jeffrey C. Redmann

Member

Mr. Rowland C. Heflin

Member

	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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his Vietnam service and to add the Air Medal for heroism.

2.  The applicant states that his DD Form 214 shows he served in Germany for all of his foreign service of 1 year, 3 months, and 7 days, but that is not correct.  He served in Germany for little more than 8 months.  He served in Vietnam for
20 months, from February 1967 to September 1968.  He was assigned to the 194th Military Police Company in February 1967 and stayed there for 12 months. He took a 30-day leave to the States.  When he returned, he was again assigned to the 194th Military Police Company, but during his last 3 months he served with Company C, 229th Aviation Battalion.  

3.  The applicant provides his DD Form 214; one page from his DA Form          20 (Enlisted Qualification Record); Air Medal for heroism orders; a request for leave; a request for reassignment with comment 17; a request for primary military occupational specialty (MOS) change; and a DA From 137 (Installation Clearance Record).

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 29 August 1966.  

3.  The applicant’s record contains a temporary DA Form 20.  Item 38 (Record of Assignments) does not contain an entry before 14 November 1968, when he was en route to Germany.  However, item 31 (Foreign Service) shows he arrived in Vietnam on or about 10 February 1967.

4.  The applicant’s record contains a DA Form 1049 (Personnel Action), dated     5 February 1968, wherein he requested 30 days special leave.  This document showed his unit as the 194th Military Police Company.

5.  Around June 1968, the applicant’s request for reassignment was approved.  He was to be assigned to the 15th Administrative Company with a report date of not later than 26 June 1968 for further assignment to Headquarters and Headquarters Company, 229th Aviation Battalion.  

6.  Headquarters, 1st Air Cavalry Division General Orders Number 10811, dated 19 August 1968, awarded the applicant the Army Commendation Medal.

7.  Item 31 of the applicant’s DA Form 20 shows he departed Vietnam on or about 7 September 1968 after being credited with participation in five campaigns.

8.  The applicant arrived in Germany on or about 28 November 1968.  

9.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 1025, dated 25 January 1969, awarded the applicant the Air Medal.

10.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 1026, dated 25 January 1969, awarded the applicant the Air Medal first through fifth oak leaf clusters.

11.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 1158, dated 29 January 1969, awarded the applicant the Air Medal with “V” device for heroism on 20 August 1968.

12.  The applicant departed Germany on 7 August 1969.

13.  On 8 August 1969, the applicant was honorably released from active duty.  

14.  Item 22d (Foreign and or Sea Service) of the applicant’s DD Form 214 shows he served in U. S. Army Europe (USAREUR) for 1 year, 3 months, and    7 days.

15.  The applicant’s DD Form 214 shows he was awarded one overseas bar, the Sharpshooter Marksmanship Qualification Badge with Rifle bar, the National Defense Service Medal, the Vietnam Campaign Medal with device (1960), and the Vietnam Service Medal.

16.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, the regulation at the time stated that, for enlisted personnel, the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theatre in which service was performed would be entered in item 22c.

17.  Army Regulation 600-8-22 (Military Awards) provides that 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 Air Medal.

18.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.  One silver service star is worn in lieu of five bronze service stars.

19.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant's assignment to the 194th Military Police Company, it was cited for award of the Meritorious Unit Commendation for the period 1 August 1967 through 31 October 1969 by Department of the Army General Orders (DAGO) Number 48, dated 1971.

20.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 229th Aviation Battalion, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period     9 August 1965 through 19 May 1969 by DAGO Number 59, dated 1969.

21.  Army Regulation 670-1 prescribes the authorization for wear of uniforms and prescribes the awards, insignia and accouterments authorized for wear on the uniform.  In pertinent part, it states one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U. S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival in Vietnam and the month of departure from Vietnam will count as a whole month for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s records contained a temporary DA Form 20; however, the preponderance of the other record of evidence substantiates that he served in Vietnam from February 1967 to September 1968, first with the 194th Military Police Battalion and then with the 229th Aviation Battalion.

2.  However, the instructions for completing item 22c of the applicant’s DD Form 214 was to enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theatre in which service was performed.  He served in U. S. Army Europe after he served in Vietnam; therefore, item 22c was properly completed.

3.  The applicant was awarded the Air Medal with “V” device in addition to the Air Medal with fifth oak leaf cluster (i.e. with numeral 6), for a total of seven awards of the Air Medal.  These awards should be added to his DD Form 214.

4.  The applicant was also awarded the Army Commendation Medal.  This award should be added to his DD Form 214.

5.  The applicant was credited with participation in five campaigns.  Therefore, he is eligible to wear one silver service star on his Vietnam Service Medal and his DD Form 214 should be amended to reflect this fact.

6.  The applicant assigned to the 194th Military Police Company during a period of time that unit was awarded the Meritorious Unit Commendation.  He was assigned to the 229th Aviation Battalion during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be amended to add these two unit awards.

7.  Although an item of uniform wear and not an award or decoration, the applicant’s DD Form 214 already shows he was authorized to wear one overseas service bar.  He served in Vietnam for 20 months.  He met the eligibility criteria to wear three overseas service bars.  His DD Form 214 should be amended to reflect this fact.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__mdm__  __jcr____  ___rch __  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 amending his DD Form 214 to add the Air Medal with “V” device and with numeral 7, the Army Commendation Medal, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; to show he is authorized to wear three overseas service bars instead of the one now reflected; and to show he is authorized to wear one silver service star on his already-awarded Vietnam Service Medal.

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 amending item 22c of his   DD Form 214.




	_____ Mark D. Manning ______
          		CHAIRPERSON




INDEX

CASE ID
AR20070012746
SUFFIX

RECON

DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.
110.04
2.
100.00
3.

4.

5.

6.