DOCKET NUMBER:  AR20090000517 


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, that his DD Form 214 (Armed Forces of the United States, Report of Transfer or Discharge) be corrected to include all medals he earned while he served in the Republic of Vietnam.

2.  The applicant states, in effect, that he believes his DD Form 214 should be corrected to reflect the medals he earned.  These medals are the Army Commendation Medal, the Republic of Vietnam Campaign Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  He concluded by stating that these medals were not added to his DD Form 214 when he was discharged.

3.  In support of his request, the applicant submits a copy of his DD Form 214 and correspondence he received from the National Personnel Records Center dated 13 October 2006.

 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 26 July 1968.  He completed his basic combat training at Fort Benning, Georgia and his advanced individual training at Fort Jackson, South Carolina.  After completing all required training, he was awarded military occupational specialty (MOS) 71H (Personnel Specialist).

3.  The applicant served in Vietnam from 12 April 1969 through 29 March 1970.  He served with the 221st Aviation Company from 12 April 1969 through 27 June 1969 and with the 336th Aviation Company from 28 June 1969 through 29 March 1970.

4.  The applicant was discharged from active duty, under honorable conditions, on 25 June 1971, under the provisions of Army Regulation 635-212 (Personnel Separations - Enlisted Personnel), chapter 5, for unsuitability.  He was discharged in the rank and pay grade of Specialist Four, E-4.  On the date he was discharged, he had completed 2 years, 6 months, and 29 days active military service, with time lost for the periods:  1 through 23 November 1970, 21 December 1970 through 7 January 1971, and 6 March through 24 May 1971.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, with 3 bronze service stars, the Republic of Vietnam Campaign Medal, the Aircraft Crewman Badge, and the Army Commendation Medal.  No other awards or decoration are shown in this item.  Since the Army Commendation Medal and the Republic of Vietnam Campaign Medal are already shown on the applicant's DD Form 214, these awards will not be discussed further in this Record of Proceedings.

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows the applicant was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, two overseas service bars, the Aircraft Crewman Badge, the Expert Marksmanship Qualification Badge with Automatic Rifle Bar [M-16 Rifle], and the Marksman Marksmanship Qualification Badge with Rifle Bar [M-14 Rifle]

7.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any additional awards for the applicant.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the units to which the applicant was assigned, the 221st Aviation Company and the 336th Aviation Company, were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 15 December 1969 through 10 October 1970, by Department of the Army General Order (DAGO) Number 52, dated 1971 based upon the Citation being awarded to their higher command, the 164th Aviation Group.

9.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

10.  Paragraph 5, Department of the Army Pamphlet 672-3, provides that individuals will not wear more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This precludes wear of the Vietnamese Fourragere, which represents additional unit awards of the Republic of Vietnam Gallantry Cross.  Although wear of multiple awards of the unit citation is not authorized, official military personnel and historical records will indicate all awards received.  In those instances, however, where a single unit receives duplicate Vietnamese unit awards during the same period, only one unit citation will be recorded in the official military personnel and historical records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in units subordinate to the 164th Aviation Group.  The 164th Aviation Group was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was a member of the subordinate units.  Based upon award of this Citation to the 164th Aviation Group, the applicant is entitled to wear one Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This unit award is not shown on his DD Form 214; therefore, he is entitled to have this unit award added to his DD Form 214.

2.  The applicant's personnel service record shows he qualified and was awarded the Expert Marksmanship Qualification Badge with Automatic Rifle Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  These marksmanship qualification badges are not shown on the applicant's DD Form 214.  He is entitled to have these marksmanship qualification badges added to his DD Form 214.

3.  The applicant's DA Form 20 shows he was awarded two overseas service bars.  These are not shown on the applicant's DD Form 214.  He is entitled to have these overseas service bars added to his DD Form 214.

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 adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Expert Marksmanship Qualification Badge with Automatic Rifle Bar, the Marksman Marksmanship Qualification Badge with Rifle Bar, and two overseas service bars 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)                                         AR20090000517





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