BOARD DATE:	  17 March 2011

		DOCKET NUMBER:  AR20100018700 


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 he served two tours of duty in the Republic of Vietnam (RVN) and award of the National Defense Service Medal and the Vietnam Service Medal with bronze service stars.

2.  The applicant states he served two tours of duty in the RVN and item 24c (Foreign and/or Sea Service) indicates he served only one tour.  He was assigned to the 1st Aviation Company and the 70th Transportation Company during his first tour in 1963 and he was assigned to the 92nd Aviation Company, Qui Nhon, Vietnam, during his second tour from 1964 to 1965.  Based on his two tours of duty, he contends he is authorized the National Defense Service Medal and the Vietnam Service Medal with bronze service stars.

3.  The applicant provides no additional evidence.

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's record shows he enlisted in the Regular Army on 23 November 1962.  He was trained in and awarded military occupational specialty 631 (Wheeled Vehicle Mechanic).

3.  Section 2 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he served with the following units in the RVN:

* 1st Aviation Company from 18 June 1963 to 11 August 1963
* 70th Transportation Company from 12 August 1963 to 8 December 1963
* 92nd Aviation Company from 12 October 1964 to 3 October 1965

4.  On 7 October 1965, he was honorably released from active duty.  He completed 2 years, 10 months, and 15 days of active service.  Item 26 of his DD Form 214 shows he was awarded the Army Good Conduct Medal, Armed Forces Expeditionary Medal (Vietnam), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).  Item 24c shows he served in the RVN for 11 months and 27 days.

5.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the National Defense Service Medal was awarded for honorable active service for any period between 27 July 1950 and 27 July 1954 and 1 January 1961 and 14 August 1974, inclusive.

6.  Army Regulation 600-8-22 (Military Awards) states the RVN Campaign Medal with Device (1960) 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.

7.  The same regulation 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.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

8.  During his tours of duty in the RVN he participated in two campaigns:  Vietnam Advisory (15 March 1962-7 March 1965) and the Vietnam Defense (8 March 1965-24 December 1965).

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the RVN.  This pamphlet shows that during his tenure, the 92nd Aviation Company was cited for award of the Meritorious Unit Commendation for the period 1 October 1964 through 31 December 1966 based on Department of the Army General Orders (DAGO) Number 17, dated 1968, and the RVN Gallantry Cross with Palm Unit Citation for service during the period 15 October 1965 through 11 January 1971 based on DAGO Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show award of the National Defense Service Medal and the Vietnam Service Medal with bronze service stars.

2.  The evidence shows he completed a qualifying period of service for award of the National Defense Service Medal; therefore, he is entitled to correction of his records to show this award.

3.  The evidence shows he completed a qualifying period of service for award of the RVN Campaign Medal with Device (1960) and the Vietnam Service Medal and that he participated in two campaigns while serving in the RVN.  Therefore, he is entitled to award of the RVN Campaign Medal and the Vietnam Service Medal with two bronze service stars and correction of his records to show these awards.

4.  General orders awarded his unit the Meritorious Unit Commendation and the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to have his records corrected to show these unit awards.

5.  The evidence shows he served two tours of duty in the RVN from 18 June 1963 to 8 December 1963 and from 12 October 1964 to 30 October 1965 for a total of 1 year and 6 months.  His DD Form 214 should be corrected to show the total amount of foreign service credit.

6.  In view of the above, the applicant's request should be granted.



BOARD VOTE:

___x_____  ____x___  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 amending his DD Form 214 as follows:

	a.  deleting the entry in item 24c and adding "1  06  00" and

	b.  adding the following to item 26:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation
* RVN Campaign Medal with Device (1960)



      ___________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)                                         AR20100018700



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ABCMR Record of Proceedings (cont)                                         AR20100018700



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