IN THE CASE OF:	  

		BOARD DATE:	    5 April 2011

		DOCKET NUMBER:  AR20100021457 


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) for the period ending 1 February 1972 to show he is authorized the Vietnam Service Medal (VSM) vice the Bronze Star Medal (BSM).

2.  The applicant states his DD Form 214 for the period ending 1 February 1972 incorrectly shows award of the BSM instead of the VSM.

3.  The applicant provides a copy of his DD Form 214 for the period ending 
1 February 1972.

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 5 September 1969, the applicant enlisted in the Regular Army for 2 years. He completed basic combat training and he was enrolled as a warrant officer cadet in aviation training.

3.  Special Orders Number 185, issued by Headquarters, U.S. Army Aviation Center, Fort Rucker, AL, dated 17 July 1970, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.38 caliber).

4.  General Orders Number 127, issued by Headquarters, U.S. Army Aviation School (USAAVNS) Brigade, Fort Rucker, dated 10 August 1970, awarded the applicant the Army Good Conduct Medal for the period 5 September 1969 through 4 October 1970.

5.  On 4 October 1970, the applicant was honorably discharged for the purpose of accepting an appointment as a warrant officer.  

6.  The applicant's DD Form 214 for the period ending 4 October 1970 shows in:

	a.  item 5a (Grade, Rate, or Rank) and 5b (Pay Grade) the entry SP5/E-5, respectively, and

	b.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the NDSM [National Defense Service Medal].

7.  On 5 October 1970, the applicant accepted appointment as a warrant officer one.  He departed Fort Rucker on or about 17 June 1971 for duty in the Republic of Vietnam (RVN).

8.  The applicant served with the following units while in the RVN:

	a.  the 219th Aviation Company from 24 June through 20 December 1971, and

	b.  Headquarters and Headquarters Company, 52nd Aviation Battalion from 21 December 1971 to 24 January 1972.

9.  General Orders Number 7635, issued by Headquarters, 1st Aviation Brigade, dated 29 December 1971, awarded the applicant the second and third award of the Air Medal.


10.  On 24 January 1972, the applicant departed Vietnam en route to the United States.

11.  On 1 February 1972, the applicant was released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  He attained the rank/grade of chief warrant officer two (CW2)/W2.

12.  Item 24 of his DD Form 214 for the period ending 1 February 1972 shows the:

* NDSM
* VCM [Republic of Vietnam Campaign Medal with Device (1960)],
* BSM
* ARAVBAD [Army Aviator Badge]

13.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the BSM pertaining to the applicant.

14.  Army Regulation 600-8-22 (Military Awards) provides in paragraph 2-13, 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 three campaigns:

* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)

15.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

16.  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 that Headquarters and Headquarters Company, 52nd Aviation Battalion, to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1970 through 31 August 1972 by Department of the Army General Orders Number 6, dated 1974

DISCUSSION AND CONCLUSIONS:

1.  Other than the entry on the applicant's DD Form 214 for the period ending
1 February 1972, there is no documentary evidence showing he was awarded the BSM.  However, there is sufficient evidence showing the applicant served a qualifying tour of duty in the Republic of Vietnam for award of the VSM.  Furthermore, the applicant participated in three campaigns phases in the RVN.  Therefore, his DD Form 214 should be corrected to remove the BSM and to show the VSM with three bronze service stars.

2.  General orders awarded the applicant three awards of the Air Medal.  Therefore, his DD Form 214 for the period ending 1 February 1972 should be corrected to show the Air Medal (3rd Award).

3.  Special orders awarded the applicant Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.38 caliber).  Therefore, his DD Form 214 for the period ending 1 February 1972 should be corrected accordingly.

4.  Special orders awarded the applicant the Army Good Conduct Medal for the period 5 September 1969 to 4 October 1970.  Therefore, his DD Form 214 for the period ending 1 February 1972 should be corrected to show this award.

5.  The applicant’s unit, Headquarters and Headquarters Company, 52nd Aviation Battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 for the period ending
1 February 1972 should be corrected to show this unit 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 for the period ending 1 February 1972 the Bronze Star Medal and

	b.  adding to item 24 of his DD Form 214 for the period ending 1 February 1972 the:

* Air Medal (3rd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
(.38 caliber)



      _______ _  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)                                         AR20100021457



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ABCMR Record of Proceedings (cont)                                         AR20100021457



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