IN THE CASE OF:	  

		BOARD DATE:	  	  31 March 2009

		DOCKET NUMBER:  AR20080019026 


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, addition of his Army Commendation Medal with "V" Device to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that he was awarded the Army Commendation Medal with "V" Device for the armed aerial support of the Defense of Pleiku, Republic of Vietnam, on 30 January 1968 (also known as Tet Counteroffensive). He also states, in effect, that the photographs he submitted show the Army Commendation Medal.

3.  The applicant submitted three copies of photographs 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.  The applicant's record shows he enlisted in the Regular Army on 19 November 1963.  He completed basic training and advanced individual training and was awarded military occupational specialty (MOS) 13E (Field Artillery Operations and Intelligence).  On 22 November 1965, he was discharged for the purpose of accepting a commission as an officer in the Army.

3.  On 23 November 1965, the applicant was commissioned as a second lieutenant and awarded specialty 1193 (Field Artillery Unit Commander).  The highest rank he attained while serving on active duty was captain/O-3.

4.  The applicant's DA Form 66 (Officer Qualification Record) shows he served in the Republic of Vietnam from 24 October 1967 through 23 October 1968 performing duties in specialty 1980 (Fixed Wing Aviator) and during this tour he was assigned to the 203d and 219th Aviation Companies.  From 28 April 1971 through 6 October 1971, he served in specialties 1987 (Company Executive Officer) and 1980 (Fixed Wing Platoon Leader) while assigned to the 201st Aviation Company in the Republic of Vietnam.

5.  The applicant submitted copies of photos of an award ceremony in support of his application.

6.  Section 21 (Awards and Decorations) of the applicant's DA Form 66 shows he earned the following awards during his active duty tenure:  the Good Conduct Medal (1st award), the Army Aviation Badge, the Vietnam Service Medal, the Air Medal, two Overseas Service Bars, the Distinguished Flying Cross, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Expert Marksmanship Qualification Badge with Pistol Bar.

7.  Item 22 (Campaigns) of the applicant's DA Form 66 shows he served in five campaigns:  the Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968), the Tet Counteroffensive (20 January 1967 – 1 April 1968), the Vietnam Counteroffensive Phase IV (2 April 1968 – 30 June 1968); the Vietnam Counteroffensive Phase V (1 July 1968 – 1 November 1968), and the Vietnam Counteroffensive Phase VII (1 July 1970 – 30 June 1971).

8.  The applicant's record contains a copy of General Orders Number 2923, Headquarters, 1st Aviation Brigade, dated 14 May 1968, which awarded him the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force on 2 February 1968, which is not shown on his DD Form 214. 
9.  On 9 April 1972, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  His DD Form 214 shows award of the Distinguished Flying Cross, the Army Aviator Badge, the Air Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

10.  A review of the applicant’s record indicates entitlement to additional awards and decorations which are not shown on his DD Form 214.

11.  Army Regulation 600-8-22 (Military Awards), appendix B, shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam he participated in six campaigns:  the Vietnam Counteroffensive Phase III, the Tet Counteroffensive, the Vietnam Counteroffensive Phase IV; the Vietnam Counteroffensive Phase V, 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.  This regulation also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

12.  Army Regulation 600-8-22 contains the Army's awards policy.  Paragraph 
2-10 contains guidance on award of the National Defense Service Medal.  It states, in pertinent part, that it is awarded for honorable active service for any period between 1 January 1961 and 14 August 1974.

13.  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 the 203d Aviation Company, the unit to which the applicant was assigned, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 22 February 1967 through 17 May 1968 by Department of the Army General Orders Number 24, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that he is entitled to correction of his record to show award of Army Commendation Medal with "V" Device was carefully considered and found to have merit.


2.  General orders awarded the applicant the Army Commendation Medal with "V" Device.  Therefore, he is entitled to correction of his records to show this award.

3.  The evidence of record shows he was awarded the Vietnam Service Medal.  The applicant participated in six campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of the Vietnam Service Medal with one silver and one bronze service star.

4.  The evidence of record shows the applicant is entitled to award of the National Defense Service Medal.  Therefore, his records should be corrected to show this award.

5.  General orders show the 203d Aviation Company was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while the applicant was assigned to this unit, which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show this award.

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 be corrected by:

	a.  deleting from his DD Form 214, dated 9 April 1972, the Vietnam Service Medal; and


	b.  adding to his DD Form 214, dated 9 April 1972, the Army Commendation Medal with "V" Device, the Vietnam Service Medal with one silver and one bronze service star, the National Defense Service Medal, and the Republic of Vietnam Civil Actions Honor Medal, First Class.



      ___________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)                                         AR20080019026



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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