IN THE CASE OF:	 

		BOARD DATE:	15 December 2009  

		DOCKET NUMBER:  AR20090012668 


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 item 12 (Last Duty Assignment), item 22c (Foreign and/or Sea Service) and item 30 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected.

2.  The applicant states, in effect, that his DD Form 214 should be corrected to show his last duty assignment was the 196th Aviation Company and to document both his tours in the Republic of Vietnam.   

3.  The applicant provides his DD Form 214 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 and entered active duty on 2 October 1967.  He was trained in and awarded military occupational specialty 68B (Aircraft Turbine Engine Repairman) and specialist five (SP5) is the highest rank he attained while serving on active duty.

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows, in item 31 (Foreign Service), that he completed two separate tours of duty in the Republic of Vietnam (RVN), the first from 12 May 1968 through 4 May 1969 and the second from 10 December 1969 through 21 September 1970. 

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his first RVN tour, he was assigned to the 606th Training Center Detachment from 12 May 1968 through 27 January 1969 and the 191st Assault Helicopter Company from 28 January 1969 through 4 May 1969.  It further shows that during his second tour he was assigned to the 196th Aviation Company from 10 December 1969 through 21 September 1970.  Item 38 also shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments.  

5.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows he earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Vietnam Campaign Medal (VCM), Army Commendation Medal (ARCOM) 1st Oak Leaf Cluster , Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar, and 
2 Overseas Service Bars.  

6.  The applicant's Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

7.  The applicant's record contains Headquarters, 1st Aviation Brigade, General Orders Number 6608, dated 18 July 1970, which awarded the applicant the ARCOM 1st Oak Leaf Cluster for meritorious service in connection with military operations against a hostile force during the period September 1969 through September 1970.

8.  The applicant's record contains Headquarters, 268th Aviation Battalion (Combat), Special Orders Number 211, dated 4 August 1970.  These orders confirm that at the time of his separation processing, he was assigned to the  196th Aviation Company.


9.  On 25 September 1970, the applicant was honorably released from active duty (REFRAD) after completing a total of 3 years and 20 days of active military service.  Item 12 of the DD Form 214 he was issued at the time lists his last duty assignment as the 169th Aviation Company.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows that during his active duty tenure he earned the NDSM, RVNCM, ARCOM, Marksman Marksmanship Qualification Badge with Rifle
(M-14) Bar, and 2 Overseas Service Bars.  Item 30 contains an entry indicating he served in the RVN from 3 December 1969 through 24 September 1970, and there is no entry documenting a second RVN tour. 

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, REFRAD, or control of the Active Army.  The regulation in effect at the time of the applicant's REFRAD provided for entering all awards earned during the period in item 24 and for entering all periods of RVN service during the period in item 30.  

11.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-13 of the awards regulation contains guidance on the Vietnam Service Medal (VSM).  It states, in pertinent part, that it is awarded for service in the RVN between 3 July 1965 and 28 March 1973.  It further stipulates that a bronze service star is authorized for each RVN campaign a member is credited with participating in.  It further states that a silver service star is worn in lieu of 5 bronze service stars to denote participation in 5 campaigns.

12.  Chapter 4 of the awards regulation prescribes the policy for award of the AGCM.  It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  Table B-1 contains a list of RVN campaigns and shows that during the applicant's two tours in the RVN, participation credit was granted for  Vietnam Counteroffensive Phase IV (2 April 1968 through 
30 June 1968), Vietnam Counteroffensive Phase V (1 July 1968 through
1 November 1968), Vietnam Counteroffensive Phase VI  (2 November 1968 through 22 February 1969), TET 69 Counteroffensive (23 February 1969 through 8 June 1969), Vietnam Winter-Spring (1 November 1969 through 30 April 1970), Sanctuary Counteroffensive (1 May 1970 through 30 June 1970), and Vietnam Counteroffensive Phase VII (1 July 1970 through 30 June 1971).

13.  Paragraph 9-13 contains guidance on the RVN Campaign Medal.  It states, in pertinent part, that it is awarded with a Device (1960). 

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant’s tenure of assignment in the RVN, the 196th Aviation Company was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 27 March 1967 through 
17 May 1968 in Department of the Army (DA) General Orders (GO) Number 21 issued in 1969.  It further shows that the 191st Aviation Company was awarded the RVN Civil Actions Honor Medal First Class Unit Citation for the period 
19 December 1966 through 28 June 1969 in DAGO Number 59 in 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that item 12 of his DD Form 214 should be corrected to show his last duty assignment as the "196th Aviation Company" and to document both of his RVN tours in item 22c and item 30 was carefully considered and found to have merit.

2.  The evidence of record confirms the applicant's last major duty assignment was the 196th Aviation Company, as evidenced by an entry contained in item 38 of his DA Form 20 and by orders on file in his OMPF.  Therefore, it would be appropriate to correct item 12 of his DD Form 214 accordingly. 

3.  The evidence of record also confirms the applicant completed two separate tours in the RVN, from 12 May 1968 through 4 May 1969 and again from 
10 December 1969 through 21 September 1970.  As a result, item 22c of his 
DD Form 214 should be amended by deleting the current entry and replacing it with the entry "1 5 29" and item 30 should amended by deleting the current RVN service entry and replacing with the entry "SERVICE IN VIETNAM FROM 
12 MAY 1968-4 MAY 1969 AND FROM 10 DECEMBER 1969 -21 SEPTEMBER 1970."

4.  The applicant's record confirms he received "excellent" conduct and efficiency ratings at all of his active duty assignments, as evidenced by entries in item 38 of his DA Form 20.  In addition, his OMPF is void of any derogatory information or a unit commander disqualification that would have precluded his from receiving the AGCM.  Therefore, it would be appropriate to award him the 1st award of the AGCM for his qualifying period of honorable active duty service from 2 October 1967 through 25 September 1970.

5.  The applicant's record also confirms he was awarded the ARCOM 1st Oak Leaf Cluster (2nd Award), as evidenced by orders on file in his OMPF and an entry in item 41 of his DA Form 20.  Therefore, it would be appropriate to correct item 24 of his DD Form 214 by adding this award.  

6.  The evidence of record further confirms that based on his RVN service and campaign participation, he is eligible for the RVNCM with Device (1960), RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and VSM with 1 silver and 2  bronze service stars.  As a result, it would also be appropriate to add these awards to his record and 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 

   a.  awarding him the Army Good Conduct Medal for his qualifying period of honorable active duty service from 2 October 1967 through 25 September 1970; and
   
	b.  amending his DD Form 214 in Item 12 by deleting the current entry and replace it with the entry 196th Aviation Company (Assault Support Helicopter); in Item 22c by deleting the current entry and replace it with the entry "1 5 29"; in  Item 24 by adding the "Army Commendation Medal 1st Oak Leaf Cluster (2nd Award), Army Good Conduct Medal, Vietnam Service Medal with 1 silver service star and 2 bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation; and 

in Item 30 by deleting the current entry regarding RVN service and replacing it with the entry "SERVICE IN VIETNAM FROM 12 MAY 1968 - 4 MAY 1969 AND FROM 10 DECEMBER 1969 -21 SEPTEMBER 1970." 




      _______ _   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)                                         AR20090012668



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ABCMR Record of Proceedings (cont)                                         AR20090012668



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