IN THE CASE OF:	  

		BOARD DATE:	  24 February 2011

		DOCKET NUMBER:  AR20100020261 


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 reflect all awards, citations, and medals earned during his active service from April 1966 to June 1969.

2.  The applicant states, in effect, his existing DD Form 214 does not show the Army Good Conduct Medal, Bronze Star Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, any bronze service stars on his already-awarded Vietnam Service Medal, Presidential Unit Citation, and any awards or decorations to which he may be entitled.

3.  He provides a copy of his DD Form 214 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.  The applicant was appointed as a U.S. Army Reserve (USAR) 2nd lieutenant on 31 May 1965.  On 6 April 1966, the applicant was ordered to active duty to attend the Air Defense Officer Basic Course with a 3-year active duty commitment.  His DA Form 66 (Officer Qualification Records) shows he served as a pilot assigned to the 21st Aviation Company in Vietnam from 5 September 1967 to 31 August 1968.  On 18 June 1969, he was honorably released from active duty at the expiration of his active duty commitment.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* two Overseas Service Bars
* Army Aviator Badge
* Air Medal with 24th oak leaf cluster

4.  General Orders Number 4151, issued by Headquarters, 1st Aviation Brigade, dated 26 June 1968, awarded the applicant the Army Commendation Medal for meritorious service in Vietnam during the period 1 September 1967 to
1 September 1968.

5.  General Orders Number 6950, issued by the same headquarters, dated
8 October 1968, awarded the applicant the Bronze Star Medal for meritorious service in Vietnam during the period 6 September 1967 to 20 August 1968.

6.  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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 21st Aviation Company was cited for award of the:
* Meritorious Unit Commendation for the period 1 January - 30 November 1967 by Department of the Army General Orders (DAGO) Number 69, dated 1969
* Meritorious Unit Commendation for the period 1 December 1967 - 31 May 1968 by DAGO Number 60, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 22 February 1967 - 17 May 1968 by DAGO Number 21, dated 1969

8.  Department of the Army Pamphlet 672-3 does not show the 21st Aviation Company was cited for award of the Presidential Unit Citation at any time during its service in Vietnam.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal 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.

DISCUSSION AND CONCLUSIONS:

1.  General orders show he was awarded the Bronze Star Medal and the Army Commendation Medal for his service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  The Army Good Conduct Medal is awarded for continuous enlisted active service.  The applicant was a commissioned officer; therefore, there is no basis for granting this portion of his request.

3.  The applicant participated in four campaign phases during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  The applicant was assigned to a unit in Vietnam that was cited for two awards of the Meritorious Unit Commendation and one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  There is no evidence his unit in Vietnam was ever cited for award of the Presidential Unit Citation.  Therefore, there is no basis for granting this portion of the applicant's request.


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 from item 24 of his DD Form 214 the Vietnam Service Medal and

	b.  adding to item 24 of his DD Form 214 the:

* Bronze Star Medal
* Army Commendation Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation (2 Awards)

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 correction of his DD Form 214 to show award of the Army Good Conduct Medal and the Presidential Unit Citation.



      ____________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)                                         AR20100020261



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ABCMR Record of Proceedings (cont)                                         AR20100020261



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