IN THE CASE OF:	

		BOARD DATE:	       14 OCTOBER 2009

		DOCKET NUMBER:  AR20090006818 


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 item 12 (Last Duty Assignment and Major Command) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 17 December 1969 to read Company B, 4th Aviation Battalion, 4th Infantry Division.  He also requests that his DD Form 214 include the Bronze Star Medal, Air Medal with "V" Device, and the Army Good Conduct Medal (First Award).

2.  The applicant states he would like the corrections and additions made to his DD Form 214 for his personal use and for his family to have as a keepsake.

3.  The applicant provides a copy of his DD Form 214 with an effective date of 
17 December 1969 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 was appointed a U.S. Army Reserve (USAR) warrant officer one on 14 March 1967.  He had previously served in an enlisted status for a period of 1 year, 1 month, and 13 days.

3.  U.S. Army Aviation Center (USAAVNC) Troop Brigade (Provisional), 
Fort Rucker, AL General Orders Number 25, dated 9 February 1967, awarded the applicant the Army Good Conduct Medal (First award) for the period 
1 February 1966 to 13 March 1967.

4.  The applicant was assigned to Headquarters and Headquarters Company (HHC), 173rd Airborne Brigade in the Republic of Vietnam during the period 
6 April 1967 to 28 March 1968.

5.  Headquarters, 173rd Airborne Brigade (Separate), General Orders 
Number 1274, dated 17 August 1967, awarded the applicant the Air Medal (Ninth Oak Leaf Cluster) with "V" Device.

6.  Headquarters, 173rd Airborne Brigade (Separate), General Orders 
Number 855, dated 5 April 1968, awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force during the period 4 April 1967 to 3 April 1968.

7.  Headquarters, 173rd Airborne Brigade (Separate), General Orders 
Number 912, dated 9 April 1968, awarded the applicant the Air Medal (21st Oak Leaf Cluster).

8.  The applicant was returned to the United States on 28 March 1968.  He then served a tour in U.S. Army, Europe (USAREUR) and he was returned to Vietnam on 10 August 1969.  He was assigned to Company B, 4th Aviation Battalion, 4th Infantry Division in the Republic of Vietnam during the period 17 August 1969 to 11 December 1969.

9.  The applicant was returned to the United States on 11 December 1969 and on 17 December 1969 he was released from active duty.  He had honorably completed 2 years, 9 months, and 4 days of active service this period.  Item 12 of his DD Form 214 shows his last duty assignment as Company B, 4th Aviation Battalion, 44th Infantry Division.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, 
Vietnam Campaign Medal, Vietnam Service Medal [VSM], Army Aviator Badge, Air Medal with 21st Oak Leaf Cluster, and the Meritorious Unit Citation.  His DD Form 214 does not include the Bronze Star Medal, Army Good Conduct Medal, or the Air Medal with "V" Device.

10.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the following designated campaigns:  Vietnam Counteroffensive, Phase II (1 July 1966 - 
31 May 1967); Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968); Tet Counteroffensive (30 January 1968 - 1 April 1968); Vietnam Counteroffensive, Phase IV (2 April 1968 – 30 June 1968); Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969); and Vietnam Winter - Spring 1970 
(1 November 1969 - 30 April 1970).

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  This document shows that, during the time of the applicant’s assignment to HHC, 173rd Airborne Brigade, the unit received the following unit awards:

	a.  the Presidential Unit Citation (Army) for the period from 6 - 23 November 1967, based Department of the Army General Order (DAGO) Number 5, dated 1979; and

	b.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 5 May 1965 - 26 September 1970, based on DAGO Number 51, dated 1971. 

12.  Department of the Army Pamphlet 672-3 also shows that, during the time of the applicant's assignment to Company B, 4th Aviation Battalion, 4th Infantry Division, the unit received the following unit awards:

	a.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 29 July 1969 - 17 November 1970, based on DAGO Number 52, dated 1971; and

	b.  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period from 1 October 1966 - 31 October 1969, based on DAGO Number 53, dated 1970.

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

14.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation provides, in pertinent part, that the Soldier's last assignment and major command be entered in Item 12 (Last Duty Assignment and Major Command) of his DD Form 214.

15.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation.  A silver service star is worn instead of five bronze service stars.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's last duty assignment and major command was Company B, 4th Aviation Battalion, 4th Infantry Division.  Therefore, it is appropriate to correct item 12 of his DD Form 214 with an effective date of 17 December 1969 to reflect his correct last duty assignment.

2.  Orders show the applicant's ninth award of the Air Medal was awarded with "V" Device.  Orders also show he was awarded the Air Medal (21st Oak Leaf Cluster).  Therefore, it is appropriate to show he was awarded the Air Medal (21st Oak Leaf Cluster) with "V" Device on his DD Form 214.

3.  Orders show he was awarded the Bronze Star Medal and the Army Good Conduct Medal.  Therefore, it is appropriate to include these awards on his 
DD Form 214 with an effective date of 17 December 1969.

4.  Based on his service with HHC, 173rd Airborne Brigade the applicant is authorized the Presidential Unit Citation (Army) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it is appropriate to include these awards on his DD Form 214 with an effective date of 17 December 1969.

5.  Based on his service with Company B, 4th Aviation Battalion, 4th Infantry Division the applicant is authorized the Republic of Vietnam Gallantry Cross with 
Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it is appropriate to include these awards on his DD Form 214 with an effective date of 17 December 1969.

6.  The applicant's military personnel records show he participated in six campaigns during his service in Vietnam.  Therefore, he is authorized one silver and one bronze service star to be worn on his already-awarded Vietnam Service Medal.  

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:

	a.  deleting from item 12 of his DD Form 214 for the period ending 
17 December 1969 the entry "Co B 4th Avn Bn 44th Inf Div" and replacing it with the entry "Co B 4th Bn 4th Inf Div;

   b.  deleting from item 24 of his DD Form 214 for the period ending
17 December 1969 the entry "VSM"; and

	c.  adding to item 24 of his DD Form 214 for the period ending 17 December 1969 the Bronze Star Medal, Air Medal (21st Oak Leaf Cluster) with "V" Device, Army Good Conduct Medal (First Award), Presidential Unit Citation (Army), Vietnam Service Medal with one silver and one bronze service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation (2 Awards), 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)                                         AR20090006818



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ABCMR Record of Proceedings (cont)                                         AR20090006818


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