IN THE CASE OF:	  

		BOARD DATE:	       4 AUGUST 2009

		DOCKET NUMBER:  AR20090004307 


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 Bronze Star Medal and any other awards that he was awarded or authorized.

2.  The applicant states that all of his awards should be entered on his DD Form 214.

3.  The applicant provides, in support of his application, copies of his DD Form 214 and orders awarding him the Bronze Star Medal.                  

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.  On 10 June 1968, the applicant enlisted in the Regular Army for 2 years.  He completed basic combat training and was subsequently enrolled in the Warrant Officer Rotary Wing Aviator Course (WORAC).  He successfully completed both the primary and advanced WORACs.

3.  On 29 June 1969, the applicant was discharged.  He had attained the rank of specialist five, pay grade E-5, and had completed 1 year and 20 days of creditable active duty service.

4.  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 Marksman Marksmanship Qualification Badge with Pistol Bar, Expert Marksmanship Qualification Badge with Rifle [M-14, M-16] Bar and the Good Conduct Medal.  

5.  On 30 June 1969, the applicant was appointed a warrant officer one with immediate call to active duty as an Army aviator.

6.  On 1 July 1969, the applicant departed Fort Stewart, Georgia, for duty in the Republic of Vietnam.

7.  On 9 August 1969, the applicant was assigned for duty as a rotary wing pilot with the 227th Aviation Battalion, 1st Cavalry Division.

8.  On 18 December 1970, the applicant returned to the United States.

9.  General Orders, 1st Cavalry Division, dated 20 December 1970, awarded the applicant the Bronze Star Medal for meritorious service in the Republic of Vietnam.

10.  On 27 December 1970, 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 Chief Warrant Officer Two, pay grade W2, and had completed a total of 2 years, 10 months, and 12 days of creditable active duty service.

11.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, ending on 27 December 1970, lists his awards as the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal [with 1960 Device], Distinguished Flying Cross, Army Commendation Medal, Good Conduct Medal, Purple Heart, Air Medal and the Army Aviator Badge.  It does not show award of the Bronze Star Medal.  
12.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

13.  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 four campaign periods: the Vietnam Summer-Fall 1969; the Vietnam Winter-Spring 1970; the DA Sanctuary Counteroffensive; and the Vietnam Counteroffensive, Phase VII.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

14.  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 the 227th Aviation Battalion, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 42, dated in 1972, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and in DAGO Number 43, dated in 1972, for award of the Valorous Unit Award.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Bronze Star Medal and any other medals awards or authorized.

2.  General Orders show that the applicant was awarded the Bronze Star Medal.  Therefore, his records should be corrected to show this award.

3.  Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal.

4.  The applicant’s unit was cited in general orders for award of the Valorous Unit Award.  Therefore, his records should be corrected to show this unit award.

5.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.




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 showing that, in addition to the awards shown on his DD Form 214 for the period ending 27 December 1970, his authorized awards include the Bronze Star Medal, four bronze service stars to be affixed to his already-awarded Vietnam Service Medal, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



      _______ _   XXX_______   ___
               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)                                         AR20090004307





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ABCMR Record of Proceedings (cont)                                         AR20090004307



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