IN THE CASE OF:
BOARD DATE: 16 December 2008
DOCKET NUMBER: AR20080012491
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 effect, correction of his military records to show all of his military awards.
2. The applicant states, in effect, that he does not know the names of his awards or his weapons qualification. His Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) does not show his ribbons or Air Medal.
3. The applicant provides no supporting documentation.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 1 December 1969, the applicant was inducted into the Army of the United States for 2 years. He completed his initial training and was awarded military occupational specialty 67N (Utility Helicopter Repairman).
3. Special Orders Number 98, United States Army Aviation Center and Fort Rucker, Alabama, dated 15 April 1970, awarded the applicant the Aircraft Crewman Badge.
4. On 23 June 1970, the applicant was assigned for duty as a machine gunner with the 155th Aviation Company in the Republic of Vietnam.
5. On 15 October 1970, the applicant was reassigned for duty as a crew chief with the 155th Aviation Company.
6. On 29 December 1970, the applicant was reassigned for duty as a helicopter repairman with the 282nd Assault Helicopter Company in the Republic of Vietnam.
7. On 7 July 1971, the applicant returned to the United States.
8. On 9 July 1971, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training). He had attained the rank of specialist four, pay grade E-4, and had completed 1 year, 7 months and 9 days of creditable active duty.
9. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the NDSM [National Defense Service Medal], VSM [Vietnam Service Medal], VCM w/60 Device [Republic of Vietnam Campaign Medal with Device (1960)], AM [Air Medal], two O/S [Overseas Service] Bars, and the SPS M-14 [Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)].
10. Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following three campaign periods: the DA Sanctuary Counteroffensive; the Vietnam Counteroffensive, Phase VII; and the Consolidation I. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam. This publication shows that during the time of the applicant's assignment, the 155th Aviation Company was cited in Department of the Army General Orders Number 6, dated in 1974, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
DISCUSSION AND CONCLUSIONS:
1. Special orders show that the applicant was awarded the Aircraft Crewman Badge. Therefore, his records should be corrected to show this award.
2. Records show that the applicant participated in three campaign periods during his service in the Republic of Vietnam. Therefore, he is eligible for award of three bronze service stars to be affixed to his Vietnam Service Medal.
3. The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, his records should be corrected to show this foreign unit award.
4. The applicant states that he does not know the name of the awards that he was awarded. The award entries on his DD Form 214 are abbreviated. It would be appropriate to spell out each award entry so that the applicant knows what awards he has earned.
BOARD VOTE:
____X___ ___X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting all entries in item 24 of his DD Form 214; and
b. showing in item 24 of his DD Form 214 his awards as the National Defense Service Medal, Air Medal, Vietnam Service Medal with three bronze service stars, Aircraft Crewman Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
___________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) AR20070016793
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