IN THE CASE OF:	

		BOARD DATE:	9 September 2009    

		DOCKET NUMBER:  AR20090003369 


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 block 22c (Foreign and/or Sea Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show 2 years.  He further requests that item 25 (Education and Training Completed) be corrected to show that he attended the Army Flight School (correctly known as the Warrant Officer Rotary Aviator's Course).  

2.  The applicant states, in effect, that he served with the 282nd and the 240th Aviation Companies in the Republic of Vietnam (RVN) from 1966 to 1967 as a chief warrant officer and it is not annotated on his DD Form 214 for the period ending 5 September 1971.  He states that this DD Form 214 does not show he graduated from the Warrant Officer Rotary Wing Course.  The applicant states his awards from his first tour of duty were omitted from this DD Form 214.  He further states his history from June 1965 to November 1970 (sic) is missing from his DD Form 214.  

3.  The applicant provides a copy of his DD Form 214 and a copy of four course completion certificates 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 enlisted in the Regular Army (RA) on
28 June 1965.  The applicant served in an enlisted status until he was selected to attend the warrant officer course on 21 February 1966.  On 7 November 1966, the applicant was discharged for the purpose of accepting a warrant officer appointment.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period shows the National Defense Service Medal, Expert Marksmanship Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Cal).

3.  On 8 November 1966, the applicant was appointed as a warrant officer one in the U.S. Army Reserve (USAR).  He was subsequently reassigned to the RVN and assigned to the 282nd and 240th Aviation Companies during the period
6 December 1966 through 28 November 1967.  He served in this status until he was commissioned as a first lieutenant in the USAR on 6 November 1969.  A DD Form 214 for this period of service is not contained in the available records.

4.  The applicant was again reassigned to the RVN and assigned to the 179th Aviation Company during the period 10 May 1969 through 9 May 1970.  He continued to serve in his commissioned status until he was honorably released from active duty on 5 September 1971 and transferred to the USAR Control Group (Standby).  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period shows that he earned the Army Aviator Badge, National Defense Service Medal, Army Good Conduct Medal with Knot, Vietnam Service Medal, Air Medal with 7th oak leaf cluster and with "V" Device, RVN Campaign Medal with Device (1960), one overseas service bar, and the Bronze Star Medal. 

5.  Item 21 (Awards and Decorations) of his DA Form 66 shows the same awards as shown on his DD Form 214 for the period ending 5 September 1971.

6.  On 5 September 1971, the applicant was honorably released from active duty after serving 1 year and 10 months during this period of active service.  He completed a total of 6 years, 2 months, and 8 days of total creditable active service.
7.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  

8.  Army Regulation 635-5, then in effect, directed that all decorations, service medals, campaign credits, and badges awarded or authorized were to be entered in item 24 of the DD Form 214.

9.  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 that while the applicant was assigned to the 179th, 240th, and 282nd Aviation Companies, respectively, these unit were cited for award of the Meritorious Unit Commendation for the period 25 May 1967 to 31 December 1967 by Department of the Army General Orders (DAGO) Number 37, dated 1970; Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by DAGO Number 55, dated 1971; and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods 25 May 1967 to 17 May 1968 by DAGO Number 51, dated 1971 and for the period 1 April 1970 to 26 June 1970 by DAGO Number 11, dated 1973.

10.  Department of the Army Pamphlet 672-3 also states that not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for the Vietnam Conflict.  Based on the applicant's periods of service in Vietnam, he participated in the Vietnam Counteroffensive, Phase II (1 July 1966 – 31 May 1967); Vietnam Counteroffensive, Phase III (1 June 1967 – 
29 January 1968); Tet 69 Counteroffensive, 1969 (23 February 1969 – 8 June 1969); Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969); Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970); and the Sanctuary Counteroffensive (1 May 1970 – 30 June 1970) 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.  A silver service star will be awarded in lieu of five bronze service stars.


DISCUSSION AND CONCLUSIONS:

1.  General Orders show that the units that the applicant was assigned to during his two tours in the RVN were awarded the Meritorious Unit Commendation and the RVN Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his record to show these unit awards.

2.  General Orders also show that the units the applicant was assigned to during his two tours in the RVN were awarded two awards of the RVN Gallantry Cross with Palm Unit Citation.  Although the applicant is only authorized to wear one award of this badge he is entitled to correction of his records to show two awards.  Therefore, his records should be corrected to show two awards of this badge.

3.  Records show the applicant participated in six campaigns during his total service in the RVN.  Therefore, he is entitled to one silver service star and one bronze service star to be affixed to his already-awarded Vietnam Service Medal.

4.  The applicant requested that item 22c of his DD Form 214 for the period ending 5 September 1971 be corrected to show he completed 2 years of foreign service.  His DA Form 66 (Officer Qualification Record) shows he completed two tours of duty in the Republic of Vietnam from 6 December 1966 through
28 November 1967 and from 10 May 1969 through 9 May 1970.  Army Regulation 635-5 (Separation Documents), then in effect, directed that the total period of foreign service outside the continental limits of the United States for the current tour of duty covered by the DD Form 214 was be entered in Item 22c.  His DD Form 214 for the period ending 5 September 1971 shows he completed
1 year of foreign service, but it should have only reflected 6 months and 4 days (6 November 1969 through 9 May 1970) for the period covered by this DD Form 214.  However, the applicant's DD Form 214 for the period 8 November 1966 through 5 November 1969, which is not contained in the available records, should have reflected that he completed 11 months and 23 days (6 December 1966 through 28 November 1967) and 5 months and 27 days (10 May 1969 through 5 November 1969) for a total of 1 year, 5 months, and 20 days of foreign service that should have been entered on his DD Form 214 for this period of service.  Although the DD Form 214 for this period of service is not in the available records, the presumption of regularity is assumed.  As far as the foreign service entry on the DD Form 214 for the period ending 5 September 1971, it is not the Board's intent to make an applicant worse off that when he or she applied to this Board.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings. 

5.  The applicant requested that item 25 of his DD Form 214 for the period ending 5 September 1971 be corrected to show that he attended the Army Flight School.  His DD Form 214 for the period ending 7 November 1966 shows he completed the Warrant Officer Rotary Wing Aircraft Course (WORWAC), Phases 1-4 in 1966.  Army Regulation 635-5, in effect at the time, directed that the service schools which were successfully completed during the period of the DD Form 214 were to be entered in item 25.  As such, the applicant's completion of WORWAC is accurately reflected on the DD Form 214 for the period in which he completed the courses.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

6.  The applicant states his history from June 1965 to November 1970 is missing from his DD Form 214.  The applicant provided a copy of his DD Form 214 which only covers the period of his military service from 6 November 1969 to
5 September 1971.  Army Regulation 635-5, in effect at the time, provided for the issuance of separate DD Forms 214 for each period of active service.  The applicant appropriately was issued separate DD Forms 214 for his periods of active service.  He received a DD Form 214 for his enlisted service from 28 June 1965 to 7 November 1966 for the purpose of appointment as a warrant officer.  Although not contained in the applicant's available records, it is assumed he was issued a DD Form 214 for his warrant officer service from 8 November 1966 to
5 November 1969 for the purpose of accepting a commission.  His final DD Form 214 covered his commissioned service for the period from 6 November 1969 to
5 September 1971.  Therefore, there is no basis for granting the applicant's requested relief on this issue.

7.  The applicant's DD Form 214 for the period ending 7 November 1966 shows award of the Expert Marksmanship Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Cal) which are not shown on his DD Form 214 for the period ending 5 September 1971.  Therefore this DD Form 214 should be corrected to show these two qualification badges.

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: 

   a.  deleting from item 24 of his DD Form 214 for the period ending
5 September 1971 the Vietnam Service Medal; and 
   
   b.  adding to item 24 for his DD Form 214 for the period ending
5 September 1971 the Vietnam Service Medal with one silver service star and one bronze service star, Meritorious Unit Commendation, RVN Gallantry Cross with Palm Unit Citation (2 awards), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Cal).

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 including his complete military history on his DD Form 214 for the period ending 5 September 1971.



      ___________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)                                         AR20090003369



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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