BOARD DATE:	  23 March 2010

		DOCKET NUMBER:  AR20090015546 


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 (Certificate of Release or Discharge from Active Duty) to show his award of three Distinguished Flying Crosses, two Bronze Star Medals, five Republic of Vietnam Gallantry Cross with Palm Unit Citations, one Republic of Vietnam Gallantry Cross with Silver Star, and one Republic of Vietnam Gallantry Cross with Bronze Star.

2.  The applicant states that these awards are shown in his personnel records but were inadvertently omitted from his DD Form 214.  He also contends that he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation five times and twice received it as an individual award.

3.  The applicant provides, in support of his application, copies of his DA Form 66/66B (Officer Qualification Record/Insert to DA Form 66); DD Form 214 for the period ending 30 November 1982; orders awarding the Distinguished Flying Cross for 13-14 October 1965, 20 June 1970, and 25-28 August 1970; orders and citation for award of the Bronze Star Medal with First Oak Leaf Cluster for
8-15 January 1971; letter authorization for an individual foreign award of the Gallantry Cross with Bronze Star, dated 1 February 1971; and letter authorization for an individual foreign award of the Gallantry Cross with Silver Star, dated
26 July 1966.

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.  At the time of his application, the applicant was a retired Regular Army (RA) officer in the rank/grade of colonel (COL)/O-6.

3.  The applicant's records show that he served as an enlisted infantry Soldier with the 8th Infantry Division during the period 29 November 1951 to 
12 November 1952.  He attained the rank of private (PV2)/E-2.

4.  On 13 November 1952, the applicant was appointed as a second lieutenant, Infantry.  He subsequently completed the Basic Airborne Course at Fort Benning, GA.

5.  During the period 1 February 1954 to 19 June 1955, the applicant served with the 187th Airborne Regimental Combat Team in Korea.

6.  During the period 20 December 1958 to 29 May 1962, the applicant served   in Germany with the 24th Aviation Company.  He subsequently served two tours of duty in the Republic of Vietnam from 20 July 1965 to 8 July 1966 and from    10 February 1970 to 9 February 1971.  His units of assignment were:

	a.  Headquarters, 13th Aviation Battalion:  22 July to 13 August 1965;

	b.  121st Aviation Company:  14 August 1965 to 24 May 1966; 

	c.  Headquarters, U.S. Army, Vietnam: 13 February 1970 to 12 June 1970; and

	d.  Headquarters, 307th Combat Aviation Battalion: 13 June 1970 to 
9 February 1971.

7.  1st Aviation Brigade, General Orders Number 2456, dated 10 June 1967, awarded the applicant the Distinguished Flying Cross for heroism while participating in aerial flight on 13-14 October 1965.

8.  Headquarters, 1st Aviation Brigade, General Orders Number 7327, dated
21 July 1970, awarded the applicant the Distinguished Flying Cross for heroism while participating in aerial flight on 20 June 1970.

9.  Headquarters, 1st Aviation Brigade, General Orders Number 9782, dated
3 October 1970, awarded the applicant the Distinguished Flying Cross for extraordinary achievement while participating in aerial flight during 25 to 
28 August 1970.

10.  Headquarters, 1st Aviation Brigade, General Orders Number 724, dated
1 February 1971, awarded the applicant the Bronze Star Medal with First Oak Leaf Cluster for meritorious achievement in connection with military operations against a hostile force during 8 to 15 January 1971.

11.  A letter from the Assistant Adjutant General, Headquarters, U.S. Army, Vietnam, dated 26 July 1966, informed the applicant that the Republic of Vietnam had awarded him the Gallantry Cross with Silver Star for his heroic actions on
10 November 1965.  The award had been accepted by the Commanding General, U.S. Army, Vietnam and the applicant was authorized to wear this award.

12.  A letter from the Assistant Adjutant General, Headquarters, United States Army Vietnam, dated 1 February 1971, with enclosures, stated that the applicant was authorized to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star for his distinguished service as commander, 307th Combat Aviation Battalion.

13.  On 30 November 1982, the applicant retired due to length of service.  He had completed 30 years and 18 days of creditable active duty service.

14.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal (1st Oak Leaf Cluster), Korean Service Medal, Air Medal (26 awards, 2 with "V" Device), Vietnam Service Medal, United Nations Service Medal, Senior Parachutist Badge, Master Army Aviator Badge, Legion of Merit (2nd Oak Leaf Cluster), [Republic of] Vietnam Gallantry Cross with Palm (7 awards), Meritorious Service Medal (2nd Oak Leaf Cluster), Presidential Unit Citation, Army Commendation Medal, Adjutant General Staff Identification Badge, Army Service Ribbon, and the Overseas Service Ribbon.  

15.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation
600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized 
with this award for each Vietnam campaign a member is credited with participating in.  A silver service star denotes participation in five campaigns. Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam from 20 July 1965 to 8 July 1966 and from
10 February 1970 to 9 February 1971, he participated in the following six campaign periods:  Vietnam Defense Campaign (8 March 1965 - 24 December 1965), Vietnam counteroffensive (25 December 1965 - 30 June 1966), Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967), Vietnam Winter-Spring (1 November 1969 - 30 April 1970), Sanctuary Counteroffensive (1 May 1970 - 30 June 1970), and Vietnam Counteroffensive, Phase VII (1 July 1970 - 30 June 1971).

16.  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 during the time of the applicant's assignment:

   a.  the 121st Aviation Company was cited in Department of the Army General Orders (DAGO) Number 22, dated 1968,for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation;
   
   b.  Headquarters, U.S. Army, Vietnam, was cited in DAGO Number 51, dated 1970, for award of the Meritorious Unit Commendation; and
   
   c.  the 307th Combat Aviation Battalion was cited once in DAGO Number 52, dated 1971 and twice in DAGO Number 6, dated 1974, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

17.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.  This order authorizes the award to the 13th Aviation Battalion during the time of the applicant's service.

18.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed 

Forces of the United States for qualifying service in Vietnam during the period
1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

19.  Army Regulation 600-8-22 provides for award of the Korea Defense Service Medal (KDSM).  It is authorized for award to members of the armed forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility and the period of eligibility are as follows: a) service members of the armed forces must have served in support of the defense of the Republic of South Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of South Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas; c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility for 30 consecutive or 60 non-consecutive days.

20.  Army Regulation 600-8-22 states the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his three awards of the Distinguished Flying Cross, two Bronze Star Medals, five awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, 
one award of the Republic of Vietnam Gallantry Cross with Silver Star, and one award of the Republic of Vietnam Gallantry Cross with Bronze Star.

2.  General orders show that the applicant was awarded three awards of the Distinguished Flying Cross and awarded the Bronze Star Medal with First Oak Leaf Cluster.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  The applicant’s unit was cited in general orders for award of the Meritorious Unit Commendation.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  The applicant's units were cited in general orders for a total of five awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these foreign unit awards.

5.  The available evidence shows that the applicant was awarded and authorized to accept and wear the Republic of Vietnam Gallantry Cross with Silver Star and the Republic of Vietnam Gallantry Cross with Bronze Star.  Therefore, these two foreign awards should be shown on his DD Form 214.

6.  Records show that the applicant participated in six campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of one silver service star and one bronze service star for wear on his already-awarded Vietnam Service Medal.

7.  Records show that the applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his records should be corrected to show this award.

8.  Records show that the applicant served in support of the defense of Korea from 1 February 1954 to 19 June 1955 while assigned to the 187th Airborne Regimental Combat Team.  Therefore, he is eligible for award of the Korea Defense Service Medal and correction of his records to show this award.

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 13 of his DD Form 214 the Vietnam Service Medal and the Vietnam Cross of Gallantry with Palm (7 Awards); and

	b.  adding to Item 13 of his DD Form 214 the Distinguished Flying Cross
(3 awards), Bronze Star Medal with First Oak Leaf Cluster, Meritorious Unit Commendation, Vietnam Service Medal with one silver service star and one bronze service star, Korea Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation (five awards), Republic of Vietnam Gallantry Cross with Silver Star, and the Republic of Vietnam Gallantry Cross with Bronze Star.



      ___________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)                                         AR20090015546



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