BOARD DATE:	  18 March 2010

		DOCKET NUMBER:  AR20090016178 


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 (Report of Transfer or Discharge) to include the Purple Heart, Army Commendation Medal, and an additional Air Medal.

2.  The applicant states the Purple Heart, Army Commendation Medal, and an additional Air Medal were omitted from his DD Form 214.  He requests the correction to assist with obtaining Department of Veterans Affairs (DVA) benefits.

3.  The applicant provides copies of his DD Form 214 and award certificates for the Purple Heart, Army Commendation Medal for heroism, and the Air Medal (first Oak Leaf Cluster) for heroism.

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 (RA) on 14 September 1967, completed training, and was awarded military occupational specialty (MOS) 63C (Wheeled Vehicle Mechanic).

3.  Upon completion of his training, he was assigned duty in Vietnam with the 47th Transportation Company.  In December 1968 he volunteered for duty as a door gunner and was assigned to Headquarters and Headquarters Company. 17th Combat Aviation Group.  He was subsequently reassigned to the 119th Aviation Company on 5 March 1969.

4.  While serving with the 119th Aviation Company, he was awarded MOS 67A (Aircraft Maintenance Apprentice).  Records further show his principal duty while assigned to this unit was as a door gunner.

5.  Headquarters, 1st Aviation Brigade, General Orders Number 3256, dated
10 July 1969, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight for the period 7 March 1969 to 15 March 1969.

6.  1st Aviation Brigade, General Orders Number 5465, dated 28 October 1969, awarded the applicant the Air Medal (1st Oak Leaf Cluster) with "V" Device for heroism while engaged in aerial flight in connection with military operations against a hostile force in the Republic of Vietnam on 5 August 1969.

7.  Although the applicant had been serving as a door gunner since March 1969 it wasn't until 5 November 1969 that Headquarters, 1st Aviation Brigade, Special Orders Number 306 officially awarded him nonaviator-crewmember gunner status, effective 6 October 1969.

8.  On 28 February 1970, Headquarters, 17th Field Hospital, General Orders Number 47 awarded the applicant the Purple Heart for being wounded in action in the Republic of Vietnam on 27 February 1970.

9.  Headquarters, 1st Aviation Brigade, General Orders Number 3516, dated
11 May 1970, awarded the applicant the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam his actions on 30 March 1969.

10.  On 18 April 1970 the applicant was honorably released from active duty as an overseas returnee.  Block 24 (Decorations, Medals, Badges, Commendations, 
Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as the Air Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar).

11.  His DA Form 20 (Enlisted Qualification Record) shows:

	a.  he was advanced to specialist four (SP4)/E-4 on 8 July 1969;

	b.  he served in Vietnam with the 47th Transportation Company, from 17 February 1968 through 24 February 1969; 17th Combat Aviation Group from 25 February 1969 through 4 March 1969; and the 119th Aviation Company from 5 March 1969 through 16 April 1970;

	c.  his conduct and efficiency rating were exclusively "excellent";

	d.  he participated in five campaigns in Vietnam;

	e.  he had no time lost; and 

	f.  his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Air Medal (1st Oak Leaf Cluster) and "V" Device, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and 4 overseas service bars.

12.  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 that while the applicant was assigned to:

	a.  the 47th Transportation Company, it was cited for two awards of the Meritorious Unit Commendation based on Department of the Army General Orders (DAGO) 28, dated 1969, for the period 13 November 1966 - 31 August 1968; and DAGO 24, dated 1972, for the period 1 September 1968 - 28 February 1970;

	b.  the 17th Combat Aviation Group, it was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO 6, dated 1974, for the period 1 January 1969 - 30 September 1970; and DAGO 54, dated 1974, for the period 17 January 1966 - August 1972; and

	c.  the 119th Aviation Company, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO 11, dated 1973, for the period 1 April - 26 June 1970.

13.  DA Pamphlet 672-3, paragraph 6 (Miscellaneous Information), 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.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who have completed a qualifying period of active duty enlisted service.  This period was three years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  

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.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, 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 is authorized in lieu of five bronze service stars.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam, he participated in the following seven campaigns: Tet Counteroffensive (30 January 1968 - 1 April 1968), Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968), Vietnam Counteroffensive Phase V
(1 July 1968 - 1 November 1968), Vietnam Counteroffensive Phase VI
(2 November 1968 - 22 February 1969), Tet 69 Counteroffensive, 1969
(23 February 1969 - 8 June 1969), Vietnam Summer-Fall 1969 (9 June 1969 - 
31 October 1969), and Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970) campaigns.

16.  Army Regulation 600-8-22 provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The ribbon denotes the first award and numerals starting with the numeral 2 denote the number of additional awards.

17.  Army Regulation 600-8-22 states the bronze “V” Device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” Device in conjunction with awards of the Army Commendation Medal, Air Medal, and the Bronze Star Medal.  Although more than one award of the Army Commendation Medal, Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one “V” Device may be worn on awards of the Army Commendation Medal, Air Medal, or the Bronze Star Medal.

18.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  In pertinent part it states that all awards and decorations for all periods of service are to be listed on the DD Form 214 in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records and abbreviations are not to be used.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states the Purple Heart, Army Commendation Medal, and an additional Air Medal were omitted from his DD Form 214.  He requests the correction to assist with obtaining DVA benefits.

2.  His records contain orders for award of the Purple Heart.  Therefore, his records should be corrected to show this award.

3.  His records contain orders for award of the Army Commendation Medal with "V" Device.  Therefore, his records should be corrected to show this award.

4.  His DD form 214 shows award of the Air Medal.  However, his records contain orders for two awards of the Air Medal of which one was for heroism.  Additionally, Numerals are now used in place of Oak Leaf Clusters for the Air Medal.  Therefore, his records should be corrected to show the Air Medal with Numeral 2 with "V" Device.

5.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his "excellent" conduct and efficiency ratings throughout his service, his personal decorations, and his advancement to E-4.  The record contains no indication of any disqualifying incidents or recommendations by his chain of command.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (first award) for his period of service from 14 September 1967 through 18 April 1970 and correct his records to show this award.

6.  The applicant served in Vietnam during seven campaign periods.  Therefore, he is entitled to one silver service star and two bronze service stars for wear on his already-awarded Vietnam Service Medal.

7.  While assigned to the 47th Transportation Company, it was cited for two awards of the Meritorious Unit Commendation.  Therefore, his records should be corrected to show the Meritorious Unit Commendation (2 awards).

8.  Two of the units to which the applicant was assigned in Vietnam were awarded a combined three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  While a Soldier is authorized to wear only one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, official military personnel and historical records will indicate all awards received.  Therefore, his records should be corrected to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation (3 awards).

9.  The applicant's DD Form 214 does not list his awards in priority sequence and uses only abbreviations.  With the recommended changes and corrections listed above, it would be appropriate at this time to delete the entire entry at block 24 and replace it with the listing as recommended below.

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 block 24 of is DD Form 214 the entire awards listing;

	b.  awarding him the Army Good Conduct Medal (first award) for the period
14 September 1967 through 18 April 1970; and

	c.  adding to block 24 of his DD Form 214 the Purple Heart, Air Medal with Numeral 2 with "V" Device, Army Commendation Medal with "V" Device, Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with one silver service star and two bronze service 
stars, Republic of Vietnam Campaign Medal with Device (1960), Meritorious Unit Commendation (2 awards), Republic of Vietnam Gallantry Cross with Palm Unit Citation (3 awards), and the Sharpshooter Marksmanship Qualification Badge with Rifle 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)                                         AR20090016178



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ABCMR Record of Proceedings (cont)                                         AR20090016178



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