IN THE CASE OF:
BOARD DATE: 11 May 2010
DOCKET NUMBER: AR20090018573
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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Navy Unit Commendation Ribbon.
2. The applicant states that this award was omitted from his DD Form 214.
3. The applicant provides copies of his DD Form 215 (Correction to DD Form 214) and NAVPERS 1650/65 (Transmittal of and/or Entitlement to Awards), dated 20 June 2002.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 29 December 1964, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty 67N (Utility Helicopter Mechanic).
3. On 15 May 1966, the applicant departed Fort Benning, GA, for duty in the Republic of Vietnam.
4. On 9 June 1966, the applicant was assigned for duty with the 281st Aviation Company. He served with this unit until his return to the United States on or about 12 June 1967.
5. On 14 December 1967, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). He had attained the rank of specialist five (SP5), pay grade E-5, and completed
2 years, 11 months, and 16 days of creditable active duty service.
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, as corrected by a DD Form 215, lists his awards as the Expert Marksmanship Qualification Badge with Rifle Bar, Aircraft Crewman Badge, Parachutist Badge, Air Medal, National Defense Service Medal, Army Good Conduct Medal, Vietnam Service Medal with two bronze service stars, Meritorious Unit Commendation, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one Overseas Service Bar.
7. The encyclopedia Wikipedia states that Project Delta was established at Nha Trang, in the Republic of Vietnam, in 1964. It consisted of six reconnaissance hunter-killer teams, each comprised of four U.S. Special Forces and six to eight Vietnamese Special Forces with the 91st Ranger Battalion. It was designated as the B-52, 5th Special Forces Group. Project Delta aviation support was provided by the 281st Assault Helicopter Company during the period from 9 June 1966 to June 1970, when the company was inactivated.
8. The Acting Secretary of the Navy commended Project Delta for exceptionally meritorious service in action against enemy Viet Cong and North Vietnamese forces during the period from 17 April to 17 June 1967 and from 15 July to
16 August 1967. All personnel attached to and serving with Project Delta during this period were authorized to wear the Navy Unit Commendation Ribbon.
9. The NAVPERS 1650/65, dated 20 June 2002, indicates the applicant is authorized the Navy Unit Commendation Ribbon.
10. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar. It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.
11. For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to add the Navy Unit Commendation Ribbon.
2. The available evidence clearly shows that the applicant's unit was awarded the Navy Unit Commendation Ribbon. Therefore, his DD Form 214 should be corrected to add this award.
3. The evidence shows the applicant served in the Republic of Vietnam from
16 May 1966 through 4 May 1967, which entitles him to two Overseas Service Bars. Therefore, his DD form 214 should be corrected to add 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 24 of his DD Form 214 one Overseas Service Bar, and
b. adding to item 24 of his DD Form 214 the Navy Unit Commendation Ribbon and two Overseas Service Bars.
___________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) AR20090018573
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ABCMR Record of Proceedings (cont) AR20090018573
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