BOARD DATE:	  March 2, 2010

		DOCKET NUMBER:  AR20090016156 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Republic of Vietnam Campaign Medal with Device (1960), the Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two awards of the Meritorious Unit Commendation, the Valorous Unit Award, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the Sharpshooter Marksmanship Qualification Badge with M-79 Grenade Launcher Bar.

2.  The applicant states, in effect, that the abovementioned awards are not on his DD Form 214.  He contends that he was stationed in Vietnam from 27 April 1968 to 11 June 1970; that he participated in six campaigns during his assignment in Vietnam; that his unit, the 21st Aviation Company, was cited for two awards of the Meritorious Unit Commendation; that his unit, the 16th Aviation Company, was cited for one award of the Valorous Unit Award; and that he qualified as sharpshooter with the M-16 rifle and the M-79 grenade launcher.

3.  The applicant provides a copy of his DD Form 214 and an addendum 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 enlisted in the Regular Army on 19 October 1967 for a period of 3 years.  He arrived in Vietnam on 27 April 1968.  Orders show he was assigned to Headquarters, 16th Combat Aviation Group, on 6 May 1968 and he was further assigned to the 21st Aviation Company on 9 May 1968.  He served as a helicopter mechanic assigned to the 21st Aviation Company in Vietnam from 7 May 1968 through 13 January 1970.  He was assigned to Headquarters and Headquarters Company (HHC), 212th Combat Aviation Battalion, in Vietnam from 14 January 1970 through 11 June 1970.  On 11 June 1970, he was released from active duty in the rank of specialist five after completing 2 years, 7 months, and 23 days of creditable active service with no time lost. 

3.  The applicant's DD Form 214 shows the National Defense Service Medal, the Army Commendation Medal, the Aircraft Crewman Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and four overseas service bars as authorized awards.

4.  Records show the applicant participated in seven campaigns during his assignment in Vietnam.

5.  Orders, dated 4 April 1968, show the applicant qualified expert with the M-16 rifle and he received the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  There are no orders for the Sharpshooter Marksmanship Qualification Badge with M-79 Grenade Launcher Bar in the available records.  Item 29 (Qualification in Army) of his DA Form 20 (Enlisted Qualification Record) does not show that he qualified as sharpshooter with the M-79 grenade launcher.

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

8.  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 the applicant's unit, the 21st Aviation Company, at the time of his assignment was awarded the Meritorious Unit Commendation for actions during the period 1 December 1967 to 31 May 1968 based on Department of the Army General Orders (DAGO) Number 60, dated 1969.  This unit was not cited for a second award of the Meritorious Unit Commendation while the applicant was assigned to it.

9.  Department of the Army Pamphlet 672-3 shows the 16th Aviation Group was not cited for the Valorous Unit Award while the applicant was assigned to it.

10.  Department of the Army Pamphlet 672-3 shows the applicant's unit, the 21st Aviation Company, at the time of his assignment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 22 February 1967 to 17 May 1968 based on DAGO Number 21, dated 1969.  His unit, HHC, 212th Aviation Battalion, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 January 1969 to 30 September 1970 based on DAGO Number 6, dated 1974.

11.  Paragraph 6 (Miscellaneous Information) of DA Pamphlet 672-3 states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may 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.

12.  Army Regulation 600-8-22 (Military Awards) 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.  

13.  Army Regulation 600-8-22 states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

14.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

15.  Army Regulation 600-8-22 states the Valorous Unit Award is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.  Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

16.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.  

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant's service in Vietnam and participation in seven campaigns during his assignment, he is eligible for award of the Republic of Vietnam Campaign Medal with Device (1960) and the Vietnam Service Medal with one silver service star and two bronze service stars.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  The applicant's units, the 21st Aviation Company and HHC, 212th Aviation Battalion, were each awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so he is authorized to wear one of those awards.  However, his DD Form 214 should be amended to show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.  Although the applicant contends that his unit, the 21st Aviation Company, was cited for two awards of the Meritorious Unit Commendation, Department of the Army Pamphlet 672-3 shows the 21st Aviation Company was awarded one award of the Meritorious Unit Commendation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show one award of the Meritorious Unit Commendation.

4.  Although the applicant contends that he qualified as sharpshooter with the 
M-16 rifle, the evidence of record shows he received the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, his DD Form 214 should be corrected to show this marksmanship qualification badge.

5.  Although the applicant contends that he qualified as sharpshooter with the 
M-79 grenade launcher, there is no evidence of record which shows he received the Sharpshooter Marksmanship Qualification Badge with M-79 Grenade Launcher Bar.  Therefore, there is insufficient evidence on which to amend his DD Form 214 to show this marksmanship badge.

6.  The evidence of record shows the applicant was assigned to the 16th Aviation Group in Vietnam from 6-8 May 1968.  There is no evidence of record which shows this unit received the Valorous Unit Award while he was assigned to it.  Therefore, there is insufficient evidence on which to amend his DD Form 214 to show this unit award.

7.  The applicant was separated in the rank of specialist five with almost 32 months of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 19 October 1967 through 11 June 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his DD Form 214 should be corrected to show this award.

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.  awarding him the first award of the Army Good Conduct Medal for the period 19 October 1967 through 11 June 1970 and

	b.  adding the Army Good Conduct Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Vietnam Service Medal with one silver service star and two bronze service stars, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, one award of the Meritorious Unit Commendation, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) to his DD Form 214.

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 amending his DD Form 214 to show a second award of the Meritorious Unit Commendation, the Valorous Unit Award, or the Sharpshooter Marksmanship Qualification Badge with M-79 Grenade Launcher Bar.  



      ___________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)                                         AR20090016156



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ABCMR Record of Proceedings (cont)                                         AR20090016156



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