IN THE CASE OF:	

		BOARD DATE:	  19 March 2009

		DOCKET NUMBER:  AR20080014238 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Air Medal (First Oak Leaf Cluster) with "V" Device and two overseas service bars instead of one as currently shown.

2.  The applicant states, in effect, that the Air Medal (First Oak Leaf Cluster) with "V" Device and two overseas service bars probably did not get typed on his 
DD Form 214 due to a clerical error.

3.  The applicant provides a copy of his DD Form 214 and a copy of the orders awarding him the Air Medal (First Oak Leaf Cluster) with "V" Device in support of this 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.  The applicant's record shows that he was inducted into the Army of the United States on 2 August 1967.  He completed basic combat and advanced individual training and was awarded the military occupational specialty of CH-37 helicopter repairman.  The highest rank he attained while serving on active duty was the grade of specialist four (SP4)/pay grade E-4.

3.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was stationed in Germany from February to September 1968 prior to serving in the Republic of Vietnam from November 1968 to July 1969.  Item 38 of this form further shows that during his tour of duty in the Republic of Vietnam he was assigned as a senior helicopter mechanic to the 607th TC Detachment, 10th Combat Aviation Battalion and as a machine gunner and crash rescue specialist to the 192nd Assault Helicopter Company, 
10th Combat Aviation Battalion.

4.  Headquarters, 1st Aviation Brigade General Orders Number 2869, dated 
20 June 1969, awarded the applicant the Air Medal (First Oak Leaf Cluster) with "V" Device.  These orders are filed in his Official Military Personnel File.

5.  The applicant's DD Form 214 shows that on 24 July 1969 he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) with an honorable characterization of service after completing 
1 year, 11 months, and 23 days of creditable active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 he was issued shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Good Conduct Medal, Air Medal with "V" Device, one overseas service bar, and the Marksman Marksmanship Qualification Badge 
(M-14 Rifle).

6.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

7.  Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

8.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in the Vietnam Counteroffensive, Phase VI; TET 69 Counteroffensive; and Vietnam Summer-Fall 1969 campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

9.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the overseas service bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.

10.  For Vietnam service, one overseas service bar is authorized for each period of six months active Federal service as a member of a United States Service in the Republic of Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  General Orders awarded the applicant the Air Medal (First Oak Leaf Cluster) with "V" Device while serving on active duty.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  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 correction of his records to show this foreign unit award.

3.  The applicant's record shows he was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  Army regulation provides that one overseas service bar is authorized for each period of six months active Federal service as a member of a United States Service in Vietnam.  Evidence shows that in counting both the month of arrival 
and the month of departure from Vietnam the applicant served seven creditable months in Vietnam for the purpose of the overseas service bar.  Therefore, he is not entitled to a second overseas service bar.

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 amending his DD Form 214 to show award of the Air Medal (First Oak Leaf Cluster) with "V" Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be affixed to 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 his DD Form 214 to show two overseas service bars.




      _______ _   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)                                         AR20080014238



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080014238



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1