IN THE CASE OF:	  

		BOARD DATE:	        7 October 2008

		DOCKET NUMBER:  AR20080011287 


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 two applications, that his records be corrected to reflect his award of the Army Aviator Badge (ARAVBAD) and three bronze service stars for wear on his Vietnam Service Medal (VSM) to denote campaign participation.

2.  The applicant states that he was a qualified aviator who graduated from the Army Aviation School and flew helicopters in Vietnam and his records should reflect his award of the ARAVBAD.  He also states that he should have been awarded three bronze service stars instead of one because he participated in the Consolidation I, Consolidation II, and Vietnam Cease Fire campaigns.

3.  The applicant provides a copy of his diploma from the Officer Rotary Wing Aviator Course, a copy of orders awarding him the Air Medal, a copy of his installation clearance record from Vietnam, 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.  He was commissioned as a United States Army Reserve (USAR) second lieutenant on 31 July 1970 and entered active duty on 7 October 1970.  He completed his training as an armor officer and was transferred to Fort Wolters, Texas to undergo phase one of the officer rotary wing aviator course.  He completed phase I and was transferred to Fort Rucker, Alabama to undergo Phase II of the course.  He successfully completed his training and was awarded the ARAVBAD on 16 August 1971.  He was promoted to the rank of first lieutenant on 7 October 1971.  

3.  He was transferred to Vietnam on 10 November 1971 and was assigned as an aviator in an air cavalry squadron.  He was subsequently transferred to the 18th Aviation Company as an aviator and then to the 17th Combat Aviation Group as a security officer.

4.  He departed Vietnam on 1 November 1972 and was transferred to Fort Leonard Wood, Missouri, where he served as an executive officer until he was honorably released from active duty (REFRAD) on 7 September 1974, due to completion of required service.  He had served 3 years, 11 months, and 1 day of total active service and his DD Form 214 issued at the time of his REFRAD reflects that he was awarded the National Defense Service Medal, the ARAVBAD, the VSM with one bronze service star, the Air Medal with Numeral 18, the Bronze Star Medal, and the Republic of Vietnam Campaign Medal.

5.  On 13 March 2008, he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and a DD Form 215 was issued to reflect this award.  

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This 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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.





Qualifying Campaign Periods for Service Stars

Vietnam Advisory Campaign - 15 March 1962 - 7 March 1965  
Vietnam Defense Campaign - 8 March - 24 December 1965  
Vietnamese Counteroffensive - 25 December 1965 - 30 June 1966
Vietnamese Counteroffensive Phase II - 1 July 1966 - 31 May 1967
Vietnamese Counteroffensive Phase III - 1 June 1967 - 29 January 1968  
Tet Counteroffensive - 30 January - l April 1968
Vietnamese Counteroffensive Phase IV - 2 April - 30 June 1968 
Vietnamese Counteroffensive Phase V - 1 July - l November 1968
Vietnamese Counteroffensive Phase VI - 2 November 1968 - 22 February 1969 
Tet 69 Counteroffensive, 1969 - 23 February - 8 June 1969 
Vietnam Summer - Fall 1969 - 9 June - 31 October 1969 
Vietnam Winter - Spring 1970 - 1 November 1969 - 30 April 1970
Sanctuary Counteroffensive - 1 May - 30 June 1970 
Vietnamese Counteroffensive Phase VII - l July 1970 - 30 June 1971 
Consolidation I - 1 July 1971 - 30 November 1971 
Consolidation II - 1 December 1971 - 29 March 1972 
Vietnam Ceasefire Campaign - 30 March 1972 - 28 January 1973

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his records need to be corrected to reflect his award of the ARAVBAD has been noted and found to lack merit.  His records already reflect award of that badge and there is no basis to further correct his records in that regard. 

2.  However, his contention that he is entitled to have his records corrected to reflect three bronze service stars on his VSM appears to have merit.  The applicant participated in the last three campaigns in Vietnam and is entitled to have his records corrected accordingly.  

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 showing that he was awarded three bronze service stars for wear on his already- awarded VSM.

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 his award of the Army Aviator Badge (ARAVBAD), as it is already present on his records and DD Form 214.

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20080011287



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ABCMR Record of Proceedings (cont)                                         AR20080011287



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