IN THE CASE OF:	  

		BOARD DATE:	  2 November 2010

		DOCKET NUMBER:  AR20100011293 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect he was a door gunner and by adding the Air Medal (AM) and AM with "V" Device.

2.  The applicant states his DD Form 214 should reflect he was a door gunner in the Republic of Vietnam (RVN) and that he earned the AM and AM with "V" Device.  

3.  The applicant provides his DD Form 214, AM with "V" Device orders, and basic AM citation 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.  On 10 January 1966, the applicant was inducted into the Army of the United States and he was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 29 September 1966 through 11 October 1967.  Item 38 (Record of Assignments) shows that during his RVN tour, he served with Company A, 1st Aviation Battalion, 1st Infantry Division, performing duties in MOS 76A as a supply clerk and MOS 11B as a gunner.  Item 38 also shows he received "Excellent" conduct and efficiency ratings at all of his active duty assignments.  

4.  The applicant's Military Personnel Records Jacket (MPRJ) contains General Orders (GO) issued by the 1st Infantry Division between 8 February and 20 October 1967, which awarded the applicant the AM with 13 Oak Leaf Clusters (14th Award).  These include Headquarters, 1st Infantry Division GO Number 1068, dated 8 February 1967 which awarded him the basic AM for the period 15 December 1966 through 21 January 1967; Headquarters, 1st Infantry Division GO Number 7108 which awarded him the AM with "V" Device for heroism in aerial flight in the RVN on 18 July 1967; and Headquarters, 1st Infantry Division GO Number 7489 which awarded him the AM Thirteenth Oak Leaf Cluster (14th Award) for the period 5 through 18 September 1967.

5.  The MPRJ is also void of any derogatory information or a unit commander disqualification for the Army Good Conduct Medal (AGCM).  

6.  On 13 October 1967, the applicant was honorably released from active duty after completing 1 year, 9 months, and 4 days of active military service.  The DD Form 214 he was issued shows, in item 23a (Specialty Number and Title), that he held MOS 11B (Light Weapons Infantryman) on the date of separation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal

7.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-13 contains guidance on award of the VSM.  It states a bronze service star is authorized with this award for each campaign a member was credited with participating in while serving in the RVN.

8.  Table B-1 of the same regulation contains a list of RVN campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III campaigns.  

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings and there must have been no convictions by a court-martial.  

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) assists commanders in establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during his tenure of assignment in the RVN, his unit (Company A, 1st Aviation Battalion) received the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation. 

11.  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 also establishes standardized policy for preparing and distributing the DD Form 214.  The version of the regulation in effect at the time provided for entering the MOS code and title held on the date of separation in item 23a (Specialty Number and Title).  Neither the version of the regulation in effect at the time the applicant served nor the current regulation provide for entering specific duty MOS codes and titles anywhere on the DD Form 214.   

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record and DD Form 214 should show he earned the AM and AM with "V" Device has been carefully considered and found to have merit.  The evidence of record confirms the applicant received 14 awards of the AM, one of which was for heroism and it was accompanied by the "V" Device.  As a result, it would be appropriate to add the entry AM (14th Award) with "V" Device.  

2.  The applicant's record also confirms he received "excellent" conduct and efficiency ratings at all of his active duty assignments, and his MPRJ is void of any derogatory information or a unit commander disqualification that would have precluded award of the AGCM.  Therefore, it would also be appropriate to award him the AGCM for his qualifying honorable active service from 10 January 1966 through 13 October 1967.  

3.  The record further shows that based on his RVN service and campaign participation, the applicant is also eligible for the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation and 2 bronze service stars to be worn with his VSM.  Therefore, it would be appropriate to correct his record and DD Form 214 accordingly.  

4.  The applicant's contention his DD Form 214 should be corrected to show he was a door gunner in the RVN has also been carefully considered.  However, while his record confirms he served as a door gunner in the RVN, as evidenced by an entry in item 38 of his DA Form 20 there are no regulatory provisions that allow for entering duty position titles on the DD Form 214.  As a result, there is an insufficient regulatory basis to support granting this portion of the requested relief.  

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 amending item 24 of his DD Form 214 by adding 2 bronze service stars to the current Vietnam Service Medal entry and adding the Army Good Conduct Medal, Air Medal (14th Award) with "V" Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

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 a door gunner entry to the DD Form 214.  



      ___________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)                                         AR20100011293



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ABCMR Record of Proceedings (cont)                                         AR20100011293



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