IN THE CASE OF:	  

		BOARD DATE:	  20 July 2010

		DOCKET NUMBER:  AR20100001033 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Bronze Star Medal (BSM) and his secondary military occupational specialty (SMOS).

2.  The applicant states the BSM and his SMOS were omitted from his DD Form 214.

3.  The applicant provides:

* A copy of his DD Form 214
* A copy of orders awarding him the BSM
* A copy of orders awarding him the SMOS of 67W2O

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 23 January 1968 for a period of 3 years and training as a utility helicopter repairman in MOS 67N.  He completed basic training at Fort Lewis, Washington and advanced individual training at Fort Eustis, Virginia.  He was awarded the primary MOS (PMOS) of 67N on 3 July 1968 and he was transferred to Fort Knox, Kentucky for his first duty assignment.  He was promoted to the pay grade of E-5 on 28 February 1969.

3.  On 16 January 1970, he was transferred to Vietnam for assignment to the 
25th Aviation Company in MOS 67N.  On 17 August 1970, he was awarded the SMOS of 67W2O (Helicopter Technical Inspector).

4.  He departed Vietnam on 9 December 1970 and was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) as an early overseas returnee.  He had served 2 years, 10 months, and 17 days of total active service.  The DD Form 214 he was issued at the time shows he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Vietnam Campaign Medal, the Army Commendation Medal, and the Air Medal.

5.  On 26 February 1971, General Orders Number 1613, published by Headquarters, 1st Aviation Brigade awarded the applicant the BSM for meritorious achievement in connection with military operations against a hostile force for the period 15 September to 1 December 1970.  The applicant had already been REFRAD and the award was not added to his DD Form 214.

6.  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 at the time of the applicant’s assignment to the 25th Aviation Company the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (RVNGC w/Palm Unit Citation) and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (RVNCAHM-FC Unit Citation). 

7.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but does not show that he was awarded any bronze service stars to signify campaign participation credit.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual 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.  Table B-1 contains a list of Vietnam campaigns, and it shows that during his assignment in Vietnam the applicant was credited with participating in four campaigns. 

8.  Army Regulation 635-5 (Personnel Separations-Separation Documents) serves as the authority for the preparation of the DD Form 214.  The regulation in effect at the time provided that only the PMOS would be entered on the DD Form 214 in block 23a.  There were no provisions to enter additional MOSs on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the BSM subsequent to his REFRAD and thus he is entitled to have that award added to his DD Form 214 at this time.

2.  The applicant’s unit was subsequently awarded the RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit Citation during the period he served with the unit.  Additionally he participated in four campaigns during his tour in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show awards of the RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit Citation and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

3.  However, the applicant’s contention that his SMOS should be added to his DD Form 214 has been noted and found to lack merit.  The regulation in effect at the time did not include any provisions for adding more than the PMOS to the 
DD Form 214.  Accordingly, his DD Form 214 was properly prepared to reflect only his primary specialty at the time of separation.

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.  deleting the VSM from his DD Form 214; and 

        b.  adding to his DD Form 214 the BSM, RVNGC w/Palm Unit Citation, RVNCAHM-FC Unit Citation and VSM with 4 bronze service stars.

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 adding his SMOS to his 
DD Form 214.  

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _  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)                                         AR20100001033



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ABCMR Record of Proceedings (cont)                                         AR20100001033



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