IN THE CASE OF:	

		BOARD DATE:	  7 October 2008

		DOCKET NUMBER:  AR20080010227 


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: 

	a.  Item 23 (Specialty Number and Title) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add "67A (Gunner (Helicopter)"; and

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 be corrected to add his already-awarded Distinguished Flying Cross (DFC), Army Commendation Medal (ARCOM) with "V" Device, and the Air Medal (AM) with 21st oak leaf cluster.

2.  The applicant states that his DD Form 214 omitted this information.

3.  The applicant provides a copy of his DFC, ARCOM with "V" Device, and AM with 21st oak leaf cluster orders (and associated documents), and a copy of his DD Form 214, in support of his application.

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.  On 20 July 1966, the applicant was inducted into the Army of the United States.  He was trained in, awarded, and served in military occupational specialty (MOS) 64B (Heavy Duty Driver).  He attained the grade of specialist four (SP4)/E-4.  On 13 July 1968, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  On 19 July 1972, he was honorably discharged from the USAR upon completion of his statutory military obligation.

3.  The applicant served in the Republic of Vietnam (RVN) from 15 July 1967 through 12 July 1968.  He performed duties as a heavy vehicle driver with the 43rd Engineer Company.  On 5 December 1967, he was reassigned to the 116th Aviation Company and trained to perform duties as a door gunner.

4.  The evidence of record shows that on 22 October 1967, while in the RVN, the applicant requested transfer to the 12th Aviation Group for duty as a helicopter door gunner.  He had been involved in a traffic accident and his license was suspended indefinitely; he was unable to work in his primary MOS.  On
5 December 1967, the applicant was reassigned to the 116th Aviation Company and the gaining organization agreed to train him in duty MOS door gunner.  His primary MOS of 64B did not change.

5.  General Orders Number 2945, Headquarters (HQ), 1st Aviation Brigade, dated 14 May 1968, awarded the applicant the DFC for heroism while participating in aerial flight in the Republic of Vietnam on 5 January 1968.  This award is not shown on his DD Form 214.

6.  General Orders Number 4911, HQ, 1st Aviation Brigade, dated 22 July 1968, awarded the applicant the ARCOM with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on
14 February 1968.  This award is not shown on his DD Form 214.

7.  General Orders Number 5089, HQ, 1st Aviation Brigade, dated 27 July 1968, awarded the applicant the AM with first thru 21st oak leaf cluster for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period 18 December 1967 to 6 July 1968.  His DD Form 214 shows award of the basic AM only.
8.  Review of the applicant's record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 21, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 43, 70.

10.  The applicant's records show he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.  His records indicate he participated in the Vietnam Counteroffensive Phase III, the Tet Counteroffensive, the Vietnam Counteroffensive Phase IV, and the Vietnam Counteroffensive Phase V campaigns.

11.  Appendix B of Army Regulation 600-8-22 lists all approved Army campaigns, including campaigns of the Vietnam War.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign

12.  Department of the Army Pamphlet 672-3 lists the unit awards received by units serving in Vietnam.  This document shows a unit to which the applicant was assigned (43rd Engineer Company) was cited for award of the Meritorious Unit Commendation (MUC) for the period from 1 November 1967 – 30 April 1968, by Department of the Army General Orders Number 43, dated 1969.  

13.  Department of the Army Pamphlet 672-3 also shows a unit to which the applicant was assigned (116th Aviation Company) was cited for award of the MUC for the periods 1 January – 31 December 1967, by Department of the Army General Orders Number 48, dated 1968; and the Valorous Unit Award (VUA) for the period 13 June – 23 September 1968, by Department of the Army General Orders Number 52, dated 1974.

14.  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.





DISCUSSION AND CONCLUSIONS:

1.  The applicant was trained in, awarded, and served in MOS 64B.  He apparently had a vehicle accident and his license was suspended indefinitely and he was reassigned to an aviation company to train as a door gunner.  He performed duties as a door gunner for approximately 7 months.  However, his primary MOS was never changed and he was not formally trained in another MOS.  The Army does not have a designated MOS for door gunner; it was considered a duty MOS only.  The MOS 67A is for Aircraft Maintenance Apprentices and cannot be added to the applicant's DD Form 214 because he never received training in or was awarded MOS 67A.  

2.  General Orders awarded the applicant the DFC, the ARCOM with "V" Device, and the AM with Numeral 22.  Therefore, his record should be corrected to show these awards.

3.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214. Therefore, he is entitled to have his records corrected to show this foreign unit award.

4.  Evidence of record shows that the applicant participated in 4 campaigns during his service in the RVN.  Therefore, he is eligible for award of 4 bronze service stars to be affixed on his already-awarded Vietnam Service Medal. 

5.  General Orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which is not shown on his DD Form 214. Therefore, he is entitled to have his records corrected to show this foreign unit award.

6.  General Orders awarded the applicant's units the MUC for the periods
1 November 1967 – 30 April 1968, and 1 January - 31 December 1967.  Therefore, he is entitled to have his records corrected to show these unit awards.

7.  General Orders awarded the applicant's unit the VUA for the period 13 June -23 September 1968.  Therefore, he is entitled to have hi records corrected to show this unit award.






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.  adding the already awarded DFC and ARCOM with "V" Device to the applicant's DD Form 214;

	b.  deleting the "Air Medal" and adding the "Air Medal with Numeral 22" to the applicant's DD Form 214;

	c.  authorizing the Republic of Vietnam Gallantry Cross with Palm Unit Citation and correcting the record to show this award;  

	d.  authorizing the Republic of Vietnam Gallantry Cross with Palm Unit Citation and correcting the record to show this award;

	e.  deleting the "Vietnam Service Medal" from his DD Form 214 and adding the "Vietnam Service Medal with 4 bronze service stars";

	f.  awarding the MUC (Second Award) and correcting the record to show this award; and

	g.  awarding the VUA and correcting the record to show this award.







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 adding MOS 67A and title “Gunner (Helicopter)” to the applicant's DD Form 214.



      _________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)                                         AR20080010227



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ABCMR Record of Proceedings (cont)                                         AR20080010227



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